[Federal Register Volume 80, Number 198 (Wednesday, October 14, 2015)]
[Proposed Rules]
[Pages 61890-61915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25726]



[[Page 61889]]

Vol. 80

Wednesday,

No. 198

October 14, 2015

Part II





Department of Health and Human Services





-----------------------------------------------------------------------





Administration for Children and Families





-----------------------------------------------------------------------





45 CFR Part 1370





Family Violence Prevention and Services Programs; Proposed Rule

  Federal Register / Vol. 80 , No. 198 / Wednesday, October 14, 2015 / 
Proposed Rules  

[[Page 61890]]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1370

RIN 0970-AC62


Family Violence Prevention and Services Programs

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

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Administration for Children and Families proposes to 
revise regulations applying to the Family Violence Prevention and 
Services Programs. These proposed revisions would update existing rules 
to reflect statutory changes, would update procedures for soliciting 
and awarding grants, and would make other changes to increase clarity 
and reduce potential confusion over statutory and regulatory standards. 
The proposed revisions would codify standards already used by the 
program in the Funding Opportunity Announcements and awards, in 
technical assistance, in reporting requirements, and in sub-regulatory 
guidance.

DATES: In order to be considered, comments on this proposed rule must 
be received on or before December 14, 2015. Current Family Violence 
Prevention and Services regulations remain in effect until this NPRM 
becomes final.

ADDRESSES: You may submit comments, identified by [docket number and 
using/or RIN number], by any of the following methods: (1) 
Electronically via the Federal eRulemaking Portal at http://www.regulations.gov or (2) by mail to the Associate Commissioner, 
Family and Youth Services Bureau, Administration for Children and 
Families, 1250 Maryland Ave. SW., Washington, DC 20024.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
rulemaking. All comments received will be posted without change to 
www.regulations.gov, including any personal information provided. For 
detailed instructions on submitting comments and additional information 
on the rulemaking process, see the ``Public Participation'' heading of 
the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Kenneth E. Noyes, J.D., Senior Program 
Specialist, (202) 205-7891, [email protected]. Deaf and hearing 
impaired individuals may call the Federal Dual Party Relay Service at 
1-800-977-8339 between 8:30 a.m. and 7 p.m. Eastern time.

SUPPLEMENTARY INFORMATION:

I. Statutory Authority

    This proposed regulation is published under the authority granted 
to the Secretary of Health and Human Services by the Family Violence 
Prevention and Services Act (FVPSA), 42 U.S.C. 10404(a)(4), as most 
recently amended by the Child Abuse Prevention and Treatment (CAPTA) 
Reauthorization Act of 2010 (Public Law (Pub. L.) 111-320).

II. Public Participation

    Pursuant to the Administrative Procedure Act, the Department allows 
a period of time for members of the public to comment on proposed 
rules. In this case we will allow 60 days for comments. In making any 
modifications to this notice of proposed rulemaking, we are not 
required to consider comments received beyond the 60-day comment 
period. To make sure your comments are addressed fully, we suggest the 
following:
     Be specific;
     Address only issues raised by the proposed rule, not the 
provisions of the law itself;
     Explain reasons for any objections or recommended changes;
     Propose appropriate alternatives; and
     Reference the specific section of the notice of the 
proposed rulemaking being addressed.

III. Organization of the NPRM

    The preamble to this proposed rule is organized as follows:
     Background;
     Consultation and the development of the NPRM;
     Scope of the proposed rule; and
     Section-by-section discussion of the regulatory 
provisions.
    The use of the word(s) ``propose'' or ``we propose'' throughout the 
NPRM is meant to remind readers that this document is proposed as 
revised regulatory guidance. The language used should not be construed 
to mean that statutory definitions and provisions are being changed but 
rather more fully explained and clarified within the context of the 
programming and services laid out in the statute, and to ensure 
consistency with definitions used by other HHS components.
    The section-by-section analysis is organized to follow the 
framework of 45 CFR part 1370. It proposes revisions or additions to 
the current rule in the following areas:
     Stated purposes of the program;
     significant terms used in the program;
     other Federal requirements;
     requirements that apply to all family violence prevention 
and services grants;
     eligibility for grants;
     application procedures; and
     other issues that may arise in the administration of the 
FVPSA program.
    In addition to program-wide standards, specific standards are 
proposed for each of the major grant programs authorized under the 
Family Violence Prevention and Services Act.

IV. Background

    As the President proclaimed during the 2014 National Domestic 
Violence Awareness Month, ``Domestic violence affects every American. 
It harms our communities, weakens the foundation of our Nation, and 
hurts those we love most . . . we acknowledge the progress made in 
reducing these shameful crimes, embrace the basic human right to be 
free from violence and abuse, and recognize that more work remains 
until every individual is able to live free from fear.''\1\ Programs 
and services funded by the Family Violence Prevention and Services Act 
(``FVPSA'') are critical pieces in the Administration's fight to end 
domestic violence.
---------------------------------------------------------------------------

    \1\ https://www.whitehouse.gov/the-press-office/2014/09/30/presidential-proclamation-national-domestic-violence-awareness-month-201.
---------------------------------------------------------------------------

    FVPSA authorizes three formula grant programs and other 
discretionary grant programs administered by the Family and Youth 
Services Bureau (FYSB), Administration on Children, Youth and Families 
(ACFY), Administration for Children and Families (ACF), in the 
Department of Health and Human Services (HHS). These programs comprise 
the primary Federal funding stream dedicated to the support of 
emergency shelter and supportive services for victims of family 
violence, domestic violence, or dating violence, and their dependents. 
The FVPSA also authorizes additional activities conducted through 
grants, including but not limited to grants for research, evaluation, 
and service projects; grants for a national domestic violence hotline, 
including evaluation; grants for specialized services to abused parents 
and their children; grants for State

[[Page 61891]]

resource centers to reduce disparities in domestic violence in States 
with high proportions of Indian (including Alaska Native) or Native 
Hawaiian populations; and, grants for national and special issue 
resource centers and technical assistance and training relating to 
family violence, domestic violence, and dating violence. The Formula 
Grants to States Program (hereafter referred to as the State Grant 
Program) awards grants to States, the Grants for Indian Tribes Program 
(hereafter referred to as the Tribal Grant Program) awards grants to 
Tribes or Tribal organizations and Alaska Native Villages, and the 
Grants to State Domestic Violence Coalitions Program (hereafter 
referred to as Coalitions Grant Program) awards grants to statewide, 
nongovernmental, nonprofit 501(c)(3), private, domestic violence 
organizations. The proposed rule covers all of these activities.
    The National and Special Issue Resource Centers and Training and 
Technical Assistance Centers' Programs (hereafter referred to as 
Resource Centers, Special Issue Resource Centers and Culturally-
Specific Special Issue Resource Centers) provide resource information, 
training, and technical assistance to improve the capacity of 
individuals, organizations, governmental entities, and communities to 
prevent family violence, domestic violence, and dating violence and to 
provide effective intervention services.
    The CAPTA Reauthorization Act of 2010 reauthorized and made a 
number of changes to the FVPSA (see also 42 U.S.C. 10401 et seq.). 
These changes include:
    (1) Expanded purpose areas to include family violence, domestic 
violence and dating violence (42. U.S.C. 10401(b));
    (2) an expanded definitions section to clarify statutory language 
(42 U.S.C. 10402);
    (3) expanded authority of the Secretary to promulgate regulations 
and guidance as necessary and updated the Secretary's authority to 
coordinate programs across the Department and with other Federal 
agencies, provide for and coordinate research and evaluation, and 
develop effective policies to address the needs of adult and youth 
victims of family violence, domestic violence and dating violence (42 
U.S.C. 10404(a) and (b));
    (4) a new State Formula grant requirement to provide specialized 
services for children exposed to family violence, domestic violence, or 
dating violence, underserved populations, and victims who are members 
of racial and ethnic minority populations (42 U.S.C. 10406(a)(3));
    (5) nondisclosure of confidential or private information provisions 
that are consistent with the provisions of the Violence Against Women 
Act (VAWA) (42 U.S.C. 10406(c)(5));
    (6) requirement that a Tribally designated official be named in 
Tribal applications for administration of grant programs (42 U.S.C. 
10407(a)(1));
    (7) clarification that administrative costs are limited to no more 
than 5% of State formula grants (42 U.S.C. 10407(a)(2)(B)(i));
    (8) additional requirements to strengthen the consultation between 
States and State Domestic Violence Coalitions (42 U.S.C. 
10407(a)(2)(D));
    (9) changes to statutory language in the State grants and sub-
grants section that requires funds to be used for providing immediate 
shelter and supportive services for adult and youth victims of family 
violence, domestic violence, or dating violence (and their dependents), 
and that may provide prevention services (42 U.S.C. 10408(a) and (b));
    (10) expanded eligibility of the types of nonprofit private 
organizations that may receive State sub-grants to include community-
based organizations and Tribal organizations, in addition to faith-
based and charitable organizations, and voluntary associations (42 
U.S.C. 10408(c)(1));
    (11) a new provision that expands entities eligible for State 
formula sub-grantee funding to include partnerships of two or more 
agencies or organizations that have a documented history of effective 
work concerning family violence, domestic violence, or dating violence 
and an agency or organization that has a demonstrated history of 
serving populations in their communities, including providing 
culturally appropriate services (42 U.S.C. 10408(c)(2);
    (12) clarification that the receipt of supportive services must be 
accepted voluntarily and that no condition may be applied for the 
receipt of emergency shelter (42 U.S.C. 10408(d)(2));
    (13) a new requirement for Federal consultation with Tribal 
governments in the planning of grants for Indian Tribes (42 U.S.C. 
10409(a));
    (14) a requirement for two national resource centers on domestic 
violence, including one national Indian resource center to address 
domestic violence and safety for Indian women (42 U.S.C. 10410);
    (15) a requirement for at least seven special issue resource 
centers including three focused on enhancing domestic violence 
intervention and prevention efforts for victims of domestic violence 
who are members of racial and ethnic minority groups to enhance the 
cultural and linguistic relevancy of service delivery (42 U.S.C. 
10410);
    (16) a provision giving the Secretary the discretionary authority 
to award grants to State resource centers to reduce Tribal disparities 
in domestic violence in eligible States (42 U.S.C. Sec.  10410);
    (17) clarification of the activities of State Domestic Violence 
Coalitions (42 U.S.C. 10411);
    (18) new opt-out provisions for certain coalition activities if 
annual assurances are provided by Coalitions that the activities are 
being provided and coordinated under other specific Federal funding 
streams (42 U.S.C. 10411(e));
    (19) a requirement that the Secretary establish a new program for 
specialized services for abused parents and their children with 
discretionary authority to make grants (42 U.S.C. 10412); such 
specialized services may include but are not limited to: providing 
direct counseling that is developmentally and age appropriate and 
culturally and linguistically appropriate to victims and their 
children, including services that are coordinated with services 
provided by the child welfare system; and, to provide services for non-
abusing parents to support those parents' roles as caregivers and their 
role in responding to the social, emotional, and developmental needs of 
their children;
    (20) clarification that a grant to one or more private entities may 
be made for ongoing operation of the National Domestic Violence Hotline 
that serves adult and youth victims of family violence, domestic 
violence, or dating violence (42 U.S.C. 10413(a)); including, allowing 
the provision of hotline services to youth victims of domestic violence 
or dating violence who are minors through a national teen dating 
violence hotline (42 U.S.C. 10413(d)(2)(G)). This notice of proposed 
rulemaking would revise regulations applying to the Family Violence 
Prevention and Services Programs, except for the Domestic Violence 
Prevention Enhancement and Leadership Through Alliances Program (DELTA) 
contained in Section 314 of the Family Violence Prevention and Services 
Act (FVPSA--codified in 42 U.S.C. 10414), which is separately funded 
and administered by the Centers for Disease Control and Prevention, 
Division of Violence Prevention.
    While we have already implemented most of these provisions through 
the Funding Opportunity Announcements, technical assistance and 
training, and Information Memoranda issuances, this proposed rule would 
allow us to

[[Page 61892]]

integrate these legislative requirements into our codified rules. In 
addition, it would bring our codified regulations, last updated on 
February 22, 1996 (61 FR 6791), into conformity with the administrative 
and managerial procedures we already use in compliance with FVPSA. We 
do not propose to codify every provision of the statute. Finally, the 
proposed rule identifies a number of important linkages between the 
FVPSA programs and those programs conducted by the Department of 
Justice and authorized by VAWA. For example, both statutes contain 
strict prohibitions against disclosure of confidential or private 
information to ensure the safety of persons receiving services.

V. Consultation and the Development of the NPRM

    It is our intent in this section of the NPRM preamble to highlight 
the various meetings and consultations, among many other activities we 
conducted, that assisted in the development of the NPRM. To support our 
statutory responsibilities for administering the State and Coalition 
formula grants, contingent upon available funding, we host either an 
annual or bi-annual, joint grantee meeting of the State FVPSA funding 
administrators and the State Domestic Violence Coalitions. The grantee 
meeting facilitates partnership building between the respective State 
and Coalition cohorts and across all States and Coalitions, shares and 
promotes best practices related to the provision of prevention and 
intervention services for victims of family, domestic, and dating 
violence (with speakers, lecturers, and facilitators on a broad range 
of issues in the field), and provides program guidance on implementing 
the statutory requirements of the FVPSA. These meetings provide 
important opportunities for Federal, State, and private staff to engage 
with each other to learn about and address issues of intersecting 
importance, including issues such as protecting victim/survivor 
confidentiality that are addressed in this proposed rule.
    The National Resource Centers, Special Issue Resource Centers, and 
Culturally-Specific Special Issue Resource Centers comprise what is 
known as the FVPSA Domestic Violence Resource Network (DVRN). The DVRN 
convenes every one to two years to share and promote evidence-informed 
and best practices about prevention and intervention services for 
victims of family, domestic, and dating violence. Expert speakers and 
lecturers present on a broad range of subject matter important to the 
field. ACF also provides program guidance on implementing statutory 
requirements at the meetings.
    ACF funded Tribal administrators, advocates, and leaders also are 
convened annually, contingent upon funding. The Tribal grantee meeting 
allows grantees to provide and receive technical assistance and 
training. Issues addressed and best practices shared are most commonly 
related to service delivery; new initiatives; business needs; funding 
issues; information exchange; collaborations ranging from service 
delivery models to police response; cultural sensitivity; advocacy; and 
the statutory requirements of the FVPSA.
    ACF also hosts annual Tribal consultations. Tribal consultations 
discuss ACF programs and Tribal priorities and to build meaningful 
relationships with Federally recognized Tribes. The consultations 
solicit recommendations and/or mutual understanding from Tribal 
government leaders on issues ranging from funding availability to 
departmental priorities.
    In addition, ACF staff participates in annual Tribal consultations 
sponsored by the Department of Justice Office on Violence Against 
Women. The purpose of those consultations is to engage in a government-
to-government dialogue between the United States Government and the 
leaders from Indian Tribal governments on how to best enhance the 
safety of Alaska Natives and American Indians and reduce domestic 
violence, dating violence, sexual assault, and stalking committed 
against them. The consultations also solicit recommendations from 
Tribal government leaders on administering grant funds.
    Finally, development of the NPRM included ongoing analyses of 
formula and discretionary grantees' annual performance reports as well 
as site visit reports and desk reviews. Information gleaned from these 
sources helped to identify grantees' successes and challenges 
implementing FVPSA requirements and, therefore, informed the NPRM 
development process.

VI. Scope of the Proposed Rule

    This rule proposes to revise existing regulatory standards to help 
improve the administration of the FVPSA, to provide greater clarity and 
transparency to ACF's implementation of the statute, and to bring the 
program regulation into conformance with statutory provisions.
    All grantees will be expected to comply with standards and other 
requirements upon the final rule's effective date. To assist grantees 
with compliance, we will provide guidance on best practices for 
implementing the standards and revised requirements. We also plan to 
conduct technical assistance to help grantees understand and implement 
changes.
    This proposed rule also makes technical changes to existing program 
rules to correct outdated provisions. It proposes to revise our 
regulatory provisions on making awards to reflect current program 
priorities and onsite review and monitoring procedures.

VII. Section-by-Section Discussion of the Regulatory Provisions

    We propose to revise 45 Part 1370 to add a Subpart A for general 
provisions, add a Subpart B for State and Indian Tribal grants, add a 
Subpart C for State Domestic Violence Coalition grants, and add a 
Subpart D for Discretionary grants and contracts. We also propose to 
add a new table of contents to this part.

Subpart A--General Provisions

Section 1370.1 What are the purposes of the Family Violence Prevention 
and Services Act programs?

    We propose to add Sec.  1370.1 under new Subpart A, and to revise 
it to reflect the statute's current purposes found at 42 U.S.C. 
10401(b). One major difference from the existing regulation is new 
language expanding purpose areas to include family violence, domestic 
violence, and dating violence. Specifically, the new purposes are: 
assist States and Indian Tribes in efforts to increase public awareness 
about, and primary and secondary prevention of, family violence, 
domestic violence, and dating violence; assist States and Indian Tribes 
in efforts to provide immediate shelter and supportive services for 
victims of family violence, domestic violence, or dating violence, and 
their dependents; provide for a national domestic violence hotline; and 
provide for technical assistance and training relating to family 
violence, domestic violence, and dating violence programs to States and 
Indian Tribes, local public agencies (including law enforcement 
agencies, courts, and legal, social service, and healthcare 
professionals in public agencies), nonprofit private organizations 
(including faith-based and charitable organizations, community-based 
organizations and voluntary associations), Tribal organizations, and 
other persons seeking such assistance and training.

Section 1370.2 What definitions apply to these programs?

    We propose to add Sec.  1370.2 under new Subpart A and revise it to 
include

[[Page 61893]]

definitions of significant terms found in the statute at 42 U.S.C. 
10402 and used in current operating practices. The definitions are 
intended to reflect important terms in the statute and important 
practices in the administration of the program. In some instances, we 
do not repeat the statutory definition verbatim but rather propose a 
regulatory definition that we believe is fully consistent with the 
statutory definition, but will provide clarity to the field and other 
interested stakeholders. The definitions section applies to all grants 
and contracts under the FVPSA. We welcome comments on all proposed 
definitions; however, we are constrained by the statutory definitions 
in the FVPSA. Note that many of these are longstanding definitions 
resulting from FVPSA reauthorization in 2010 and are already included 
in the Funding Opportunity Announcements.
    We propose to include the statutory definition of ``dating 
violence,'' an important addition to the scope of persons protected 
under the FVPSA. The statute defines it as ``violence committed by a 
person who is or has been in a social relationship of a romantic or 
intimate nature with the victim and where the existence of such a 
relationship shall be determined based on a consideration of the 
following factors: the length of the relationship, the type of 
relationship, and the frequency of interaction between the persons 
involved in the relationship.'' This definition reflects the definition 
also found in Section 40002(a) of VAWA (as amended), as required by 
FVPSA. Dating violence may also include violence against older 
individuals and those with disabilities when the violence meets the 
applicable definition.
    We propose to include the statutory definition of ``domestic 
violence.'' Section 10402(3) of the FVPSA defines ``domestic violence'' 
as felony or misdemeanor crimes of violence committed by a current or 
former spouse or intimate partner of the victim, by a person with whom 
the victim shares a child in common, by a person who is cohabitating 
with or has cohabitated with the victim as a spouse or intimate 
partner, by a person similarly situated to a spouse of the victim under 
the domestic or family violence laws of the jurisdiction receiving 
grant monies, or by any other person against an adult or youth victim 
who is protected from that person's acts under the domestic or family 
violence laws of the jurisdiction. This definition also reflects the 
statutory definition of ``domestic violence'' found in Section 40002(a) 
of VAWA (as amended). Older individuals and those with disabilities who 
meet these criteria are also included within this term's definition.
    We also propose that the definition of ``domestic violence'' will 
also include, but will not be limited to, acts or acts constituting 
intimidation, control, coercion and coercive control, emotional and 
psychological abuse and behavior, expressive and psychological 
aggression, harassment, tormenting behavior, and disturbing or alarming 
behavior. The Centers for Disease Control and Prevention (CDC) in its 
National Intimate Partner and Sexual Violence Survey, 2014 Report 
(Breiding, M.J., Chen J., & Black, M.C. (2014), Intimate Partner 
Violence in the United States-2010. Atlanta, GA: National Center for 
Injury Prevention) describes intimate partner violence, which is 
commonly used interchangeably with the term ``domestic violence,'' to 
include psychological aggression and expressive aggression (such as 
name calling, insulting or humiliating an intimate partner) and 
coercive control, which includes behaviors that are intended to 
monitor, control or threaten an intimate partner.
    Moreover, several states have broadened their definitions of 
``domestic violence'' or similar terms to describe a range of behaviors 
commonly understood as abusive behavior within spousal and intimate 
partner relationships. For example, Maine legislatively defines 
``abuse'' within family, household, or dating partner relationships to 
include (among other factors), threatening, harassing or tormenting 
behavior.'' ME. Rev. Stat. Ann. tit. 19-A Sec.  4002 (2009). The state 
also defines other behavior as ``abuse'' such as following the 
plaintiff/[alleged victim] repeatedly and without reasonable cause; or, 
being in the vicinity of the plaintiff's home, school, business or 
place of employment both repeatedly and without reasonable cause. Id. 
In Cole v. Cole, 2008 ME 4, 940 A.2d 194, 2008 Me, Lexus 6 (2008), a 
District court issued a protection from abuse order to the wife and the 
parties' child, pursuant to Me. Rev. Stat. Ann. tit. 19-A, Sec.  
4002(C), because the husband had a longstanding pattern of controlling, 
intimidating, and threatening conduct toward his wife.
    The State of New Hampshire includes ``harassment'' in the 
definition of ``abuse'', by including (among other factors) when a 
person: (a) Makes a telephone call, whether or not a conversation 
ensues, with no legitimate communicative purpose or without disclosing 
his or her identity and with a purpose to annoy, abuse, threaten, or 
alarm another; or (b) makes repeated communications at extremely 
inconvenient hours or in offensively coarse language with a purpose to 
annoy or alarm another; or (c) insults, taunts, or challenges another 
in a manner likely to provoke a violent or disorderly response. N.H. 
Rev. Stat. Ann. Sec.  173-B:1(I)(g); 644:4 (2009).
    Another State, Hawaii, provides as one definition of ``domestic 
abuse'' within the context of a romantic or intimate relationship 
(among others) as ``extreme psychological abuse'' mean[ing] an 
intentional or knowing course of conduct directed at an individual that 
seriously alarms or disturbs consistently or continually bothers the 
individual, and that serves no legitimate purpose. HAW. REV.STAT. Sec.  
586-1(1) (2009).
    Given the continuum of behaviors constituting ``domestic violence'' 
identified in FVPSA, and the broader protections embodied in State and 
other jurisdictional law, ACF will interpret ``domestic violence'' as 
inclusive of additional acts recognized in other Federal, State, local, 
and tribal laws, as well as acts in other Federal regulatory and sub-
regulatory guidance. Note that this definition is not intended to be 
interpreted more restrictively than FVPSA and VAWA but rather to be 
inclusive of other, more expansive definitions.
    We propose to include the statutory definition of ``family 
violence'' found at Section 10402(4) of the FVPSA. ``Family violence'' 
means any act or threatened act of violence, including any forceful 
detention of an individual, that results or threatens to result in 
physical injury and is committed by a person against another individual 
(including an older individual), to or with whom such person is related 
by blood or marriage, or is or was otherwise legally related, or is or 
was lawfully residing. We would note that since 2013, the Funding 
Opportunity Announcements have included LGBTQ individuals as an 
underserved population with no reference to marital status. For the 
last nine years and pursuant to the FVPSA definition of family 
violence, ACF has required grantees, sub-grantees, and contractors to 
provide services to LGBTQ individuals regardless of marital status. 
Additionally, defining family violence to encompass same-sex spouses is 
consistent with the Supreme Court's decision in Obergefell v. Hodges, 
which held that same-sex marriages are entitled to equal treatment 
under the law. All FVPSA-funded grantees and contractors are required 
to serve program recipients regardless of whether an individual may be 
married to a person of the opposite or same sex.

[[Page 61894]]

Please note that this guidance is not a change in previous grantee 
guidance as survivors of intimate partner violence, regardless of 
marital status, have always been eligible for FVPSA-funded services and 
programming.
    Further, ``family violence'' has become a term used interchangeably 
with ``domestic violence'' by both the field, and Congress, when 
describing the violence experienced between intimate partners and the 
programs and services utilized by those impacted by such violence. In 
1984 when FVPSA was first named and authorized, the term ``family 
violence'' was commonly used as synonymous with ``domestic violence'' 
(violence between intimate partners). However, ``family violence'' is 
still often used more broadly to encompass the diverse forms of 
violence that occur within families, including child maltreatment, 
``domestic violence'' and elder abuse. For clarity and in keeping with 
the historical FVPSA ``family violence'' interpretation, the term will 
continue to be used more narrowly and as interchangeable with 
``domestic violence.''
    Additionally, the legislative history of the 2010 FVPSA 
Reauthorization is replete with descriptive language citing ``domestic 
violence,'' ``domestic violence service providers,'' and ``domestic 
violence victims'' while only briefly referencing ``family violence'' 
in the Senate Committee's legislative explanation. CAPTA 
Reauthorization Act of 2010, 111 S. Rpt. 378 Title IV--Family Violence 
Prevention and Services Act, 17-19 (December 18, 2010). The Committee 
Report discusses multiple FVPSA sections using only the term ``domestic 
violence'' when describing, for example, the role of religious and 
faith-based communities in working with domestic violence service 
providers to support victims. Id. at 111 S. Rpt. 378, 17. In discussing 
the role of a coordinated community response, the report states ``the 
committee intends that ``coordinated community response'' means an 
organized effort, such as a task force, (or) coordinating council . . . 
representing an array of service providers responding to the needs of 
domestic violence populations in such area.'' Id. at 111 S. Rpt. 378, 
18. The Committee Report goes on to estimate FVPSA costs and primarily 
focuses on ``domestic violence'' by reporting that ``[FVPSA] would help 
States prevent domestic violence, provide services to people who have 
suffered from such violence, and assist with technical assistance and 
training at the State and Local levels.'' Id. at 111 S. Rpt. 378, 20. 
In the same paragraph and in the context of discussing domestic 
violence, the report also cites the Congressional Budget Office's 
estimation of total costs and references ``family violence prevention'' 
only once as compared to the repeated use of ``domestic violence'' 
throughout the report.
    Moreover, the Catalogue of Federal Domestic Assistance (CFDA) has 
historically described FVPSA grant programs as ``Family Violence 
Prevention and Services/Battered Women's Shelters--Grants to States and 
Indian Tribes'' (93.671) and ``Family Violence Prevention and Services/
Battered Women's Shelters--Grants to State Domestic Violence 
Coalitions'' (93.591). ``Battered Women's Shelters'' has been a 
commonly used term since the 1970's to identify safe housing and refuge 
for victims of domestic violence. Recently, however, the CFDA program 
descriptions were approved to more clearly reflect the continuing 
intent to fund domestic violence programs with FVPSA funding. 
Accordingly, the CFDA descriptions are now: ``Family Violence 
Prevention and Services/Domestic Violence Shelter and Supportive 
Services'' (93.671); ``Family Violence Prevention and Services/State 
Domestic Violence Coalitions'' (93.591); and, ``Family Violence 
Prevention and Services/Discretionary'' (93.592). Additionally, the ACF 
Congressional Justification uses the same ``Battered Women's Shelters'' 
nomenclature and describes that FVPSA-funded services are used to 
support ``domestic violence'' programs and services even though the 
term ``family violence'' also is interchangeably used in the 
description of programming. Therefore, the definition of family 
violence proposed here reflects the definition long used by the 
Department and indicated by its interchangeable use in the FVPSA 
statute and by the domestic violence field and Congress.
    A very important requirement in the current statute revolves around 
protecting victims of violence from further abuse through non-
disclosure of ``personally identifying information.'' We propose to 
define the term using the statutory definition in FVPSA Section 
10402(7), which references and incorporates the VAWA definition. 
Personally identifying information is proposed to be defined as 
individually identifying information for or about an individual 
including information likely to disclose the location of a victim of 
domestic violence, dating violence, sexual assault, or stalking, 
regardless of whether the information is encoded, encrypted, hashed, or 
otherwise protected, including, (A) a first and last name; (B) a home 
or other physical address; (C) contact information (including a postal, 
email or Internet protocol address, or telephone or facsimile number); 
(D) a social security number, driver license number, passport number, 
or student identification number; and (E) any other information, 
including date of birth, racial or ethnic background, or religious 
affiliation, that would serve to identify any individual. Note that 
information remains personally identifying even if physically protected 
through locked filing cabinets or electronically protected through 
encryption.
    Additionally, there are FVPSA-specific waiver and consent 
requirements for the non-disclosure of confidential or private 
information as well as provisions for the release of information to law 
enforcement, child welfare agencies, aggregate data releases by 
grantees, and for the release of personally identifying information of 
victims who also are minors (42 U.S.C. 10405(c)(5)). All grantees are 
required to comply with these requirements which are included in this 
NPRM in Section 1370.4.
    Primary prevention was included as a statutory purpose for the 
first time in the 2010 amendments to the FVPSA statute but not defined. 
Primary prevention focuses on strategies to stop both first-time 
perpetration and first-time victimization. Primary prevention also is 
defined by the CDC as ``stopping intimate partner violence before it 
occurs'' (http://www.cdc.gov/violenceprevention/deltafocus/). Primary 
prevention may work by modifying the events, conditions, situations, or 
exposure to influences that result in the initiation of intimate 
partner violence and associated injuries, disabilities, and deaths. 
Examples of primary prevention could include: ``school-based violence 
prevention curricula, programs aimed at mitigating the effects on 
children of witnessing intimate partner violence, community campaigns 
designed to alter norms and values conducive to intimate partner 
violence, worksite prevention programs, and training and education in 
parenting skills and self-esteem enhancement.'' 61 FR 27879 (1996), 
Coordinated Community Responses to Prevent Intimate Partner Violence; 
Notice of Availability of Funds for Fiscal Year 1996 (HHS/CDC). 
Therefore, we propose to use the CDC definition of ``primary 
prevention'' to mean strategies, policies, and programs to stop both 
first-time perpetration and first-time victimization. Primary 
prevention is stopping intimate partner violence before it occurs.

[[Page 61895]]

    We propose to define ``primary-purpose domestic violence provider'' 
as one that operates a project of demonstrated effectiveness carried 
out by a nonprofit, nongovernmental, private entity, Tribe, or Tribal 
organization, that has as its project's primary-purpose the operation 
of shelters and supportive services for victims of domestic violence 
and their dependents; or provides counseling, advocacy, or self-help 
services to victims of domestic violence. Territorial Domestic Violence 
Coalitions may include government-operated domestic violence projects 
as ``primary-purpose'' providers for complying with the membership 
requirement, provided that Territorial Coalitions can document 
providing training, technical assistance, and capacity-building of 
community-based and privately operated projects to provide shelter and 
supportive services to victims of family, domestic, or dating violence, 
with the intention of recruiting such projects as members once they are 
sustainable as primary-purpose domestic violence service providers. 
This definition is not in FVPSA, however, we propose to describe the 
undefined term in FVPSA Section 10402(11)(A), based upon program 
experience and consistent with the priority for State formula funding 
provided in FVPSA Section 10407(a)(2)(B)(iii).
    `Secondary prevention' was also added to the purpose of the FVPSA 
statute but not defined. The World Health Organization's World Report 
on Violence and Health, 2002:1-21, describes ``secondary prevention'' 
as approaches that focus on the more immediate responses to violence. 
The HHS CDC's Division of Violence Prevention also uses this definition 
in practice and incorporates both risk and protective factors to 
promote the efficacy of secondary prevention efforts. Therefore, we 
propose to include the CDC's definition of ``secondary prevention'' 
that means identifying risk factors or problems that may lead to future 
family violence, domestic violence, or dating violence, and taking the 
necessary actions to eliminate the risk factors and the potential 
problem. The objective is to create opportunities to identify potential 
problems and to intervene as soon as possible to prevent the problem 
from recurring or progressing. Services for children exposed to 
domestic violence exemplify one type of secondary prevention. By 
developing targeted strategies for children who have been exposed to 
violence, secondary prevention efforts can reduce the likelihood of 
such children becoming victims or perpetrators of future violence.
    Among the most important services under these programs is the 
provision of shelter to victims of family, domestic, and dating 
violence. We propose to use the statutory definition of ``shelter,'' 
which is the provision of temporary refuge and supportive services in 
compliance with applicable State law or regulations governing the 
provision, on a regular basis, of shelter, safe homes, meals, and 
supportive services to victims of family violence, domestic violence, 
or dating violence, and their dependents. We also propose to include in 
this definition emergency shelter and immediate shelter, which may 
include scattered-site housing, which is defined as property with 
multiple locations around a local jurisdiction or state. Temporary 
refuge is not defined in FVPSA and we propose that it includes 
residential services, including shelter and off-site services such as 
hotel or motel vouchers, which is not transitional or permanent 
housing. Should other jurisdictional laws conflict with this definition 
of temporary refuge, the definition which provides more expansive 
housing accessibility governs.
    Under the FVPSA, grants are made to States and U.S. Territories. We 
propose to include the definition of ``State'' as defined in the 
statute. FVPSA defines ``State'' as each of the several States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the United States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands. The statute makes one exception to this 
definition for State formula grants, and provides for a different 
allotment of funds for Guam, American Samoa, the United 
Statesi Virgin Islands, and the Commonwealth of the Northern 
Mariana Islands. These four territories receive a smaller share of 
funding because of their relatively small populations.
    The purpose of State Domestic Violence Coalitions is to provide 
education, support, and technical assistance to domestic violence 
service providers in their respective States to enable the providers to 
establish and maintain shelter and supportive services for victims of 
domestic violence and their dependents (including multi-generational 
families, e.g. grandparents or others impacted by witnessing the 
violence and dependent on the victim); and serve as information 
clearinghouses, primary points of contact, and resource centers on 
domestic violence for the States and support the development of 
polices, protocols, and procedures to enhance domestic violence 
intervention and prevention in the States. One grant is awarded to one 
HHS-designated Coalition in each State and Territory each year. It 
should be noted that the identified Territories in this section also 
are designated one Coalition per Territory. We propose to include a 
definition of and to define a State Domestic Violence Coalition 
(Coalition) as: A statewide, nongovernmental, nonprofit 501(c)(3) 
organization whose membership includes a majority of the primary-
purpose domestic violence service providers in the State; whose board 
membership is representative of these primary-purpose domestic violence 
service providers, and which may include representatives of the 
communities in which the services are being provided in the State; that 
provides education, support, and technical assistance to such service 
providers; and that serves as an information clearinghouse, primary 
point of contact, and resource center on domestic violence for the 
State and supports the development of policies, protocols and 
procedures to enhance domestic violence intervention and prevention in 
the State/Territory.
    FVPSA provides for supportive services targeted directly to the 
needs of victims for safety and assistance in reclaiming their agency, 
autonomy and well-being. We propose to include a definition of 
``supportive services,'' which we define as services for adult and 
youth victims of family violence, domestic violence, or dating 
violence, and their dependents that are designed to meet the needs of 
such victims and their dependents for short-term, transitional, or 
long-term safety and recovery. Our proposed definition includes those 
services identified in FVPSA Section 10408(b)(1)(G), but is not limited 
to: Direct and/or referral-based advocacy on behalf of victims and 
their dependents, counseling, case management, employment services, 
referrals, transportation services, legal advocacy or assistance, child 
care services, health, behavioral health and preventive health 
services, culturally appropriate services, and other services that 
assist victims or their dependents in recovering from the effects of 
the violence. Supportive services may be directly provided by grantees 
and/or by providing advocacy or referrals to assist victims in 
accessing such services.
    Another important program focus is on ``underserved populations,'' 
which we propose to use the FVPSA definition in Section 10402(14), 
specifically referencing and incorporating the VAWA definition, to 
define as populations who face barriers in accessing and using victim 
services, and

[[Page 61896]]

populations underserved because of geographic location, religion, 
sexual orientation, gender identity, underserved racial and ethnic 
populations, and populations underserved because of special needs 
including language barriers, disabilities, immigration status, and age. 
Note that regarding age, the FVPSA-defined terms of family violence, 
domestic violence, and dating violence do not impose age limitations on 
victims or their dependents that may be served in FVPSA-funded 
programs; elders and adolescents are also included in these definitions 
and we do not propose to place age limits in these categories. We also 
propose to include in this definition individuals with criminal 
histories due to victimization and individuals with substance abuse and 
mental health issues based on program experience and victims' needs 
identified by grantees. The proposed definition also includes, as 
allowed by FVPSA, other population categories determined by the 
Secretary or the Secretary's designee to be underserved.
    We welcome comments on all these definitions and on ways to clarify 
any ambiguities or improve any elements. We are, however, constrained 
substantially by the FVPSA in departing significantly from most of the 
wording we propose because the proposed regulatory definitions come 
from the FVPSA and best practices identified from the field.

Section 1370.3 What government-wide and HHS-wide regulations apply to 
these programs?

    The current rule contains no list of the other rules and 
regulations that apply to recipients of program funds. These applicable 
rules include, for example, regulations concerning civil rights 
obligations of grant recipients and regulations concerning fraud, 
waste, and abuse by grant recipients. We propose to revise Sec.  1370.3 
under new subpart A to include a list of those rules that most commonly 
apply to grantees and contractors under all or most HHS programs, 
including FVPSA. This new list does not attempt to list all of the 
Federal laws and regulations (e.g., provisions of the Internal Revenue 
Code regarding non-profit status) that pertain to organizations that 
may be grant awardees. The provisions we list here are not all 
administered through ACF (though the agency may in some instances 
assist in their enforcement), but are for the most part administered by 
other HHS components or by other Federal agencies that set the 
conditions and enforcement mechanisms that apply to those provisions, 
and that determine whether and in what circumstances grant-related 
penalties may apply.

Section 1370.4 What confidentiality requirements apply to these 
programs?

    We propose to add Sec.  1370.4 under Part A and revise it to 
include language regarding confidentiality requirements that apply to 
all FVPSA programs. The essential purpose of these requirements, which 
are in the FVPSA (42 U.S.C. 10406(c)(5)) and in VAWA (42 U.S.C. 
13925(a)(20) and (b)(2)) is to protect victims of domestic violence 
from being identified, located, or harmed by the perpetrators of 
violence and others working to assist perpetrators in gaining access to 
victims. These protections are robust. Grantees and subgrantees are 
directly prohibited from disclosing any personally identifiable 
information (as defined in this NPRM Section 1370.2). We propose to use 
the FVPSA requirements for the non-disclosure of confidential or 
private information. In paragraph (a), we propose that in order to 
ensure the safety of adult, youth, and child victims of family 
violence, domestic violence, or dating violence, and their families, 
grantees and subgrantees under this title shall protect the 
confidentiality and privacy of such victims and their families.
    In paragraph (a), we propose that grantees and subgrantees shall 
not: (1) Disclose any personally identifying information collected in 
connection with services requested (including services utilized or 
denied), through grantees' and subgrantees' programs; or (2) reveal 
personally identifying information without informed, written, 
reasonably time-limited consent by the person about whom information is 
sought, whether for this program or any other Federal or State grant 
program.
    In paragraph (b), we propose that consent shall be given by the 
person, except in the case of an unemancipated minor, the minor and the 
minor's parent or guardian or in the case of an individual with a 
guardian, the individual's guardian. Consent may not be given by the 
abuser or suspected abuser of the minor or individual with a guardian, 
or the abuser or suspected abuser of the other parent of the minor.
    In paragraph (c), we propose that if release of information 
described in paragraphs (a) and (b) is compelled by statutory or court 
mandate grantees and subgrantees shall make reasonable attempts to 
provide notice to victims affected by the release of the information 
and grantees and subgrantees shall take steps necessary to protect the 
privacy and safety of the persons affected by the release of the 
information.
    In paragraph (d), we propose that grantees and subgrantees may 
share: (1) Nonpersonally identifying information, in the aggregate, 
regarding services to their clients and demographic nonpersonally 
identifying information in order to comply with Federal, State, or 
tribal reporting, evaluation, or data collection requirements; (2) 
court-generated information and law enforcement-generated information 
contained in secure, governmental registries for protective order 
enforcement purposes; and (3) law enforcement- and prosecution-
generated information necessary for law enforcement and prosecution 
purposes.
    To further explain, in meeting reporting, evaluation, or data 
collection requirements, grantees may not disclose individual data, but 
only non-identifying aggregate data. If the release of information is 
compelled by statutory or court mandate, grantees and sub-grantees 
shall make reasonable attempts to provide notice to victims affected by 
the release of the information and grantees and sub-grantees shall take 
steps necessary to protect the privacy and safety of the persons 
affected by the release of the information. Service providers, 
including those in co-located facilities such as Family Justice 
Centers, can share information about a client upon her/his request if 
the client signs a waiver that is limited in time and scope, reasonably 
responsive to individual circumstances, to coordinate and execute a 
specific service or request. A reasonably time-limited release is 
determined by an individual's safety and other needs as identified by 
the individual. Reasonably time-limited releases may be loosely 
standardized if grantees are addressing the similar needs of victims 
who are similarly situated; however, standardization should be rare 
since individual victims' circumstances are the guiding factor when 
determining the reasonableness and time limitations of required written 
releases. For example, victims residing in shelter are often receiving 
the services of other providers and/or are being referred by shelters 
to other providers. To ensure coordinated services, FVPSA-funded 
shelter grantees have been known to standardize form releases under 
such circumstances between organizations to help support efficiency and 
staff work flow. However, even this kind of standardization often 
includes and requires additional individualized instructions and 
limitations depending upon a victim's safety and other needs.
    Funders and licensing agencies (i.e., fire code inspectors, state 
licensing inspectors, etc.) reviewing shelter

[[Page 61897]]

performance or operations cannot view identifying client files. Any 
information shared must have all personally identifying information 
redacted. HHS will continue to offer technical assistance to States who 
are seeking a balance between oversight and confidentiality. These 
requirements directly track the statute (42 U.S.C. 10406(c)(5)) and 
there is very little discretion available to the Department, or to 
grantees or subgrantees. There are also additional provisions in the 
regulatory text which mirror statutory requirements for the consent of 
unemancipated minors. In this regard, consent shall be given by the 
person, except in the case of an unemancipated minor it shall be given 
by both the minor and the minor's parent or guardian; or in the case of 
an individual with a guardian it shall be given by the individual's 
guardian. A parent or guardian may not give consent if: he or she is 
the abuser or suspected abuser of the minor or individual with a 
guardian; or, the abuser or suspected abuser of the other parent of the 
minor. We also propose along these lines that reasonable accommodation 
be made to those who may be unable, due to disability or other 
functional limitation, to provide consent in writing. This slightly 
varies the statutory definition, though it is not intended as a 
substitution, to ensure that those with disabilities have a meaningful 
alternative to providing informed consent if they are otherwise 
incapacitated. If additional clarification would be useful in the rule, 
we welcome suggestions. We will issue guidance addressing any future 
situations that may present problems of interpretation. We also will 
use National Resource Centers, State Domestic Violence Coalitions, and 
Training and Technical Assistance Grants to assist service providers in 
meeting these requirements and in dealing with other Federal, State, 
Tribal or local agencies that may seek protected information. These 
regulations do not supersede stronger protections that may be provided 
by Federal, State, Tribal or local laws.
    Pursuant to FVPSA Section 10406(c)(5)(H), we note that our proposed 
language also protects the addresses of shelter facilities with 
confidential locations, except with written authorization of the person 
or persons responsible for operation of the shelter. To date there have 
been no issues reported to FYSB regarding this requirement except when 
Tribal nations are geographically isolated thereby making 
confidentiality nearly impossible. Tribal leaders often utilize FVPSA 
funds to transport victims from isolated to more populated areas where 
victims have greater access to necessary services especially when 
confidentiality cannot be maintained within very confined and remote 
areas. In these circumstances, it is not uncommon that a Tribe may 
utilize most of its FVPSA grant on transportation. We welcome comments 
especially from Tribes and tribal organizations, as well as concerned 
others, about how confidentiality may be more effectively maintained 
given these very challenging situations.

Section 1370.5 What additional non-discrimination requirements apply to 
these programs?

    We propose to add Sec.  1370.5 under new Subpart A and revise it to 
include non-discrimination requirements that apply uniquely to FVPSA 
programs. These are in addition to broad government-wide or HHS-wide 
civil rights protections in regulations concerning discrimination on 
the basis of race, color, national origin, disability, and age that 
apply to all HHS grantees, including FVPSA grantees (see the list of 
other regulations that apply to these programs in Sec.  1370.3 of this 
proposed rule). FVPSA contains broad prohibitions against 
discrimination on the basis of sex or religion in FVPSA programs, and 
we propose to codify in regulation these prohibitions. The HHS Office 
for Civil Rights (OCR) enforces FVPSA's broad prohibitions against 
discrimination, including on the basis of sex or religion, under 
delegated authority from the Secretary. In addition, our proposed 
language says that FVPSA State and Tribal Formula grant-funded services 
must be provided without imposing eligibility criteria, and without 
requiring documentation for eligibility (see the Domestic Violence Fact 
Sheet on Access to HHS-Funded Services for Immigrant Survivors of 
Domestic Violence, at http://www.hhs.gov/ocr/civilrights/resources/specialtopics/origin/domesticviolencefactsheet.html). Our proposed 
language also includes the FVPSA's prohibition against placing 
conditions on receipt of emergency shelter or requiring participation 
in supportive services.

Prohibition Against Discrimination on the Basis of Sex or Religion

    In paragraph (a), we propose to codify in regulation FVPSA's broad 
prohibitions against discrimination on the basis of sex or religion. 
Under its delegated authority, OCR enforces these prohibitions. 
Consistent with the usual approaches to defining civil rights 
obligations in Federal regulations, we do not propose to elaborate in 
regulatory text all the situations to which the FVPSA's protections 
against discrimination on the basis of sex or religion might apply. 
However, consistent with our longstanding policy in Funding Opportunity 
Announcements and reliance on regulatory guidance issued by the 
Department of Housing and Urban Development amending 24 CFR parts 5, 
200, 203, 236, 400, 570, 574, 882, 891, and 982, published in the 
Federal Register/Vol. 77, No. 23/Friday, February 3, 2012, we interpret 
the prohibition against discrimination on the basis of sex as also 
prohibiting discrimination on the basis of gender identity.
    As a result, FVPSA grantees must provide comparable services to 
victims regardless of sex or gender. This includes not only providing 
access to services for male victims of family, domestic, and dating 
violence, but also making sure not to limit services for victims with 
adolescent sons (up to the age of majority), and LGBTQ victims. Victims 
and their sons must be sheltered or housed together unless they request 
otherwise. Historically, most services have been provided to women 
because they are the overwhelming majority of victims, are more likely 
to suffer serious injuries and other impacts of the violence, and have 
been the primary demographic seeking services. As such, services have 
been mostly tailored to address the unique needs of female survivors. 
However, there are male victims of these crimes who deserve access to 
safety from their offenders and services to help them rebuild their 
lives free from violence. FVPSA states, ``no person shall on the ground 
of sex or religion be excluded from participation in, be denied the 
benefits of, or be subject to discrimination under, any program or 
activity in whole or in part with funds made available under this 
chapter. Nothing in this chapter shall require any such program or 
activity to include any individual in any program or activity without 
taking into consideration that individual's sex in those certain 
instances where sex is a bona fide occupational qualification or 
programmatic factor reasonably necessary to the normal or safe 
operation of that particular program or activity'' (42 U.S.C. Sec.  
10406(c)(2)(B)). For clarification, we propose that the ``normal and 
safe operation'' of a program or activity be that which is essential 
and safe for operations.

[[Page 61898]]

    This statutory directive should not be interpreted to eliminate 
programming or services tailored to the unique needs of individuals 
served by FVPSA grantees, sub-grantees, contractors and/or vendors 
provided they are not based on illegal sex classifications. Moreover, 
programmatic access must be assured for all victims of family, 
domestic, and dating violence, and responses to individual victims 
should be trauma-informed, victim-defined, and culturally relevant, 
which may involve providing specialized services and supports. We do 
not propose to define in regulation what is or is not allowed in 
precise circumstances.
    If a shelter can reasonably separate the sexes in a manner which 
allows for single sex bedrooms and bathrooms and the essential and safe 
operation of the particular program is not substantially compromised, 
it is reasonable to provide such separation. Essential services are 
those required by the grant, which are funded to support the long-term 
social and emotional well-being of victims and their dependents. If the 
essential or safe operation of the program or activity would be 
substantially compromised, alternative, equivalent shelter and services 
should be offered as practicable. For instance, a male victim could be 
offered a hotel placement and provided supportive services at the 
shelter.
    Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) 
individuals must also have access to FVPSA-funded shelter and non-
residential programs. LGBTQ survivors face unique challenges accessing 
programs due to victimization often resulting from the intersection of 
bias and multiple oppressions as well as the limited understanding of 
providers in delivering welcoming and culturally-appropriate services. 
Examples include those of gay men who may have difficulty accessing 
shelter services because domestic violence shelters were founded and 
grew within the framework of the battered women's movement. Trans-women 
face service barriers because providers are often confounded by an 
individual's apparent biological sex which may contradict perceived or 
actual gender. Programmatic accessibility for transgender survivors 
must be afforded to meet individual needs like those provided to all 
survivors. For the purpose of assigning a beneficiary to sex-segregated 
or sex-specific services, the recipient should ask a transgender 
beneficiary which group or services the beneficiary wishes to join. The 
recipient may not, however, ask questions about the beneficiary's 
anatomy or medical history or make inappropriate demands for identity 
documents. ACF requires that a FVPSA grantee, subgrantee, contractor, 
or vendor that makes decisions about eligibility for or placement into 
single-sex emergency shelters or other facilities place a potential 
victim (or current victim/client seeking a new assignment) in a shelter 
or other appropriate placement that corresponds to the gender with 
which the person identifies, taking health and safety concerns into 
consideration. A victim's/client's or potential victim's/client's own 
views with respect to personal health and safety must be given serious 
consideration in making the placement. For instance, if the potential 
victim/client requests to be placed based on his or her sex assigned at 
birth, ACF requires that the provider place the individual in 
accordance with that request, consistent with health, safety, and 
privacy concerns. ACF also requires that a provider not make an 
assignment or re- assignment based on complaints of another person when 
the sole stated basis of the complaint is a victim/client or potential 
victim/client's non-conformance with gender stereotypes.
    Additionally, LGBTQ individuals seeking refuge at domestic violence 
shelters may experience homophobia or bias or may confront the 
invisibility of their experiences in the form of advertising and 
resource materials that only address heterosexual domestic violence. 
Therefore, programmatic accessibility for LGBTQ survivors must be 
afforded to meet individual needs like those provided to all other 
survivors.
    With respect to religion, the religion, religious beliefs or 
religious practices of a client should not be a relevant factor in 
providing or denying services. Religious practices must not be imposed 
upon victims. Dietary practices dictated by particular religious 
beliefs may require some reasonable accommodation in cooking or feeding 
arrangements for particular clients as practicable.

Prohibition Against Requiring Documentation for Eligibility

    In paragraph (b), we propose a prohibition against requiring 
documentation for eligibility. Battered immigrants face unique 
challenges accessing services and often face conflicting eligibility 
requirements in FVPSA-funded programs as noted at http://www.hhs.gov/ocr/civilrights/resources/specialtopics/origin/domesticviolencefactsheet.html. Pursuant to HHS guidance originally 
published in 2001 and updated in August, 2012, recipients of Federal 
financial assistance must ensure that their programs and activities 
normally provided in English are accessible to Limited English 
Proficient persons and do not discriminate on the basis of national 
origin in violation of Title VI of the Civil Rights Act of 1964 (see 
also Sec.  1370.3, Executive Order 13166). Battered immigrant victims 
and survivors of domestic violence must not face additional burdens to 
accessing FVPSA-funded services when they often lack knowledge of, or 
receive misinformation, of U.S. laws. They also are often isolated from 
family and community and face significant employment and economic 
challenges. Programs must ensure that battered immigrants, for example, 
are not required to provide documentation because FVPSA has no 
immigration restrictions and its services do not qualify as a Federal 
public benefit pursuant to the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996,'' Public Law 104-193 (August 
22, 1996), as amended by the ``Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996,'' Public Law 104-208 (September 30, 1996).

Other FVPSA Programmatic Accessibility Guidance

    Human trafficking often simultaneously occurs in the context of 
intimate relationships between perpetrators of trafficking/domestic/
intimate partner violence and those who are victimized by such crimes. 
In the spirit of the Federal Strategic Action Plan on Services for 
Victims of Human Trafficking in the United States 2013-2017, FVPSA-
funded programs are strongly encouraged to safely screen for and 
identify victims of human trafficking who are also victims or survivors 
of intimate partner/domestic violence and provide services that support 
their unique needs. FVPSA services can also support trafficked victims 
who are not experiencing domestic or intimate partner violence as long 
as victims and survivors of domestic/intimate partner violence are 
prioritized first by FVPSA grantees.
    Additionally, covered entities should be aware of additional non-
discrimination grant conditions that may be applicable under the 
Violence Against Women Reauthorization Act of 2013. For more 
information on these requirements, please see the Department of 
Justice's April 2014 document, ``Frequently Asked Questions: 
Nondiscrimination Grant Conditions in the Violence Against Women 
Reauthorization Act of 2013,''April 2014, available at: http://

[[Page 61899]]

www.justice.gov/sites/default/files/ovw/legacy/2014/06/20/faqs-ngc-
vawa.pdf.

Voluntary Services

    This new section also contains proposed language in paragraph (c) 
from FVPSA (section 308(d)) prohibiting grantees or subgrantees either 
from imposing any conditions on the receipt of emergency shelter, or 
from requiring the acceptance of supportive services. All such services 
must be voluntarily accepted by program participants. The prohibition 
on imposing ``conditions'' is intended to prohibit shelters from 
applying inappropriate screening mechanisms, such as criminal 
background checks or sobriety requirements. Similarly, the receipt of 
shelter should not be conditioned on participation in other services, 
such as counseling, parenting classes, or life-skills classes. We do 
not intend these provisions to preempt State law, in any case where a 
State may impose some legal requirement to protect the safety and 
welfare of all shelter residents. In the case of an apparent conflict 
with State or Federal laws, case-by-case determinations will be made. 
In general, when two or more laws apply, a grantee must meet the 
highest standard in any of those laws. Nor are these provisions 
intended to deny a shelter the ability to manage its services and 
secure the safety of all shelter residents should, for example, a 
client become violent or abusive to other clients. We welcome comments 
on this provision.

Enforcement

    OCR is charged with enforcing the prohibitions against 
discrimination on the basis of sex and religion in FVSPA. We note that 
under Federal civil rights laws administered by the Department, OCR 
uses a variety of techniques, including conducting investigations, 
negotiating agreements with covered entities, and issuing violation 
letters of findings where warranted, to enforce applicable civil rights 
laws, with the aim of achieving voluntary compliance. We would expect 
that similar practices will be used for investigating any complaints 
made under these proposed requirements.
    For situations that fall outside of the authority of OCR, we intend 
to handle exceptional situations, in cases where service providers 
cannot directly and easily solve the problem, through informal guidance 
and, as appropriate, case-specific advice. FVPSA does provide, however, 
for more severe remedies including withholding FVPSA grant awards until 
the problem is resolved or denying future Federal funding. We also 
would expect to use National/Special Issue Resource Centers and 
Culturally-Specific Special Issue Resource Centers, State Domestic 
Violence Coalitions, and Training and Technical Assistance Grants to 
provide advice to service providers on dealing with any patterns of 
problems that may emerge. We welcome comments on these proposals.

Section 1370.6 What requirements for reports and evaluations apply to 
these programs?

    We propose to add to new Subpart A a new section (Sec.  1370.6) 
explicitly requiring any recipient of grants or contracts under the 
FVPSA to provide performance reports to the Secretary. Such reports are 
already required and the proposed regulatory text merely confirms the 
important role they play in evaluating grantee performance. In order to 
clarify requirements that have been questioned in the past, we propose 
to require that American Samoa, the Commonwealth of the Northern 
Mariana Islands, Guam, and the U.S. Virgin Islands follow all reporting 
requirements applicable to the States and Tribes, Puerto Rico, and the 
District of Columbia and to provide required reports directly to the 
Division of Family Violence Prevention and Services within FYSB, unless 
otherwise communicated to the grantees. These requirements supplement, 
and do not replace the Territorial reporting requirements of the ACF 
Office of Community Services in its administration of Consolidated 
Block Grants as part of the Social Services Block Grants program.

Subpart B--State and Indian Tribal Grants

Section 1370.10 What additional requirements apply to State and Indian 
Tribal grants?

    The existing rule at Sec.  1370.2 contains a brief paragraph 
stating that State and Tribal grantees ``must meet the statutory 
requirements of the Act and all applicable regulations.'' We propose to 
add a new Subpart B addressing the formula grants awarded to States and 
Tribes. Under Subpart B, we propose to add Sec.  1370.10 which would 
include the most important requirements applicable to these formula 
grants. These proposals track the statute. However, they do not contain 
all of the specific detail of FVPSA, but simply describe the basic 
purposes, procedures, and activities that are expected for State and 
Tribal grantees, respectively. They also describe the information 
expected in grant applications. Because there are important differences 
between State and Tribal grants, we have described them separately.
    Importantly, these proposed provisions focus on planning, 
consultation, and coordinating activities that we expect of these 
grantees and which are statutory priorities in FVPSA Sections 10407, 
10408, and 10409. They focus on protection, and require documentation 
of the law or procedures (typically restraining orders or orders of 
protection) by which the State or Tribe has implemented for the 
eviction of an abusive spouse or intimate partner from a shared 
household. In addition to the FVPSA requirement we propose to require 
that such procedures must include not only family violence, but also 
domestic or dating violence, an expansion of scope met by most but not 
all existing State statutes. In order to allow States time to modify 
existing statutes, we propose that the effective date for this 
provision be two legislative sessions after these proposed rules are 
made final (all other provisions would be effective sixty days after 
issuance of the final rule.) As currently indicated in the Funding 
Opportunity Announcements we also propose to specifically require 
documentation of policies and procedures to ensure the confidentiality 
of client records. Finally, these provisions provide for the use of the 
Funding Opportunity Announcements and other program guidance to provide 
additional details and procedures that apply to these grants. We 
welcome comments on these proposed provisions.
    In paragraph (a), consistent with FVPSA, we propose requiring that 
States consult with and provide for the participation of Coalitions in 
the planning and monitoring of the distribution and administration of 
subgrant programs and projects; active Coalition participation is 
envisioned in these processes. States and Coalitions have complementary 
roles within the FVPSA framework because States use FVPSA funds to 
support programs and projects often carried out by a significant 
portion of the memberships of Coalitions. Coalitions' FVPSA-mandated 
roles include training and technical assistance that frequently mirror 
the support needed to effectively manage FVPSA-funded programs and 
services as found in FVPSA Section 10408. States, by virtue of their 
roles as funders, must both ensure that subgrantees comply with Federal 
laws, regulations and guidance as well as promote programming that 
effectively supports the safety, security and social and emotional 
well-being of victims and their dependents; Funding Opportunity 
Announcements have for several years

[[Page 61900]]

identified these requirements. To support the requirements in FVPSA 
Section 10407(a)(2)(D) Coalitions are critical to supporting States' 
roles as funders and must effectively participate in subgrantee award 
processes and States' planning processes to fully understand States' 
expectations and subgrantee requirements. At a minimum to further FVPSA 
requirements, we expect that States and Coalitions will work together 
to determine grant priorities based upon jointly identified needs; to 
identify strategies to address needs; to define mutual expectations 
regarding programmatic performance and monitoring; and to implement an 
annual collaboration plan that incorporates concrete steps for 
accomplishing these tasks. All of these requirements are either found 
in the Funding Opportunity Announcements dating back to FVPSA 
reauthorization in 2010 or have been discussed in grantee meetings and 
other informal communications via FYSB listservs. We welcome comments 
on these requirements.
    The FVPSA includes Tribes in these proposed processes but this rule 
is not intended to encroach upon Tribal sovereignty. We, however, 
envision similar processes for Tribes, States, and Coalitions that 
support coordination and collaboration when feasible and appropriate. 
We especially welcome comments from Tribes and Coalitions about this 
provision.
    Pursuant to FVPSA Section 10411, one role of Coalitions is to 
identify statewide gaps in services and the most effective way to meet 
identified gaps and other problems is by conducting needs assessments. 
We propose that States and Coalitions must work closely to undertake 
joint planning so that funding is leveraged successfully to implement 
FVPSA requirements in Sections 10407 and 10411. We also propose that 
Tribal and other underserved populations are invited and encouraged to 
participate in State planning and Coalition needs assessments. It is 
essential that the full spectrum of domestic violence service 
providers, including Tribes, Tribal organizations and other culturally-
specific, community-based organizations have significant input into 
decision-making processes that support State planning and Coalition 
needs assessments as found in FVPSA Sections 10407, 10408, and 10411. 
So that States are continually aware of subgrantees' training and 
technical assistance needs as well as intersecting systems challenges 
impacting service provision, they must involve Coalitions in program 
planning and subgrantee monitoring. We expect that States and 
Coalitions will meet regularly to coordinate training and technical 
assistance; to address ongoing programmatic challenges; and to 
implement best practices in victim services. We encourage pre- and 
post-award meetings to substantively address and respond to States' 
identified priorities; to assess systems and programmatic impacts as a 
result of States' priorities and funding decisions; and to assess 
subgrantee performance. We propose these additional requirements to 
complement those in FVPSA. We invite public comment on these areas.
    FVPSA also requires that States and Tribes involve community-based 
organizations that primarily serve culturally-specific, underserved 
communities and determine how such organizations can assist the States 
and Tribes in serving the needs of all communities. To fulfill these 
obligations, we expect and propose that States and Tribes will 
encourage the participation of underserved communities, including older 
individuals and those with disabilities, in planning. If States and 
Tribes use special councils, committees or other mechanisms to 
accomplish planning, we also propose that they identify and invite 
underserved, culturally specific organizations and/or community 
representatives to participate in these bodies to fully embrace both 
specific FVPSA-requirements (sections 10407, 10408, and 10409) and the 
spirit of the law. Emphasis also should be placed on building the 
capacity of culturally specific organizations to assist in both 
providing services and in identifying the needs of underserved 
populations. We envision that States will involve Coalitions in this 
planning as they routinely engage in community organizing and partner 
with organizations that support both the identification and leadership 
of underserved communities. We invite Tribes to partner with Coalitions 
to help in this capacity as well. We encourage public comment and 
advice on what mechanisms States and Tribes might use to accomplish 
these purposes, to describe any successful models they have identified 
to achieve these purposes, and to advise us on how best accomplish 
these goals. We particularly seek input from Tribes on how best to 
address underserved communities within the Tribe, and what types of 
processes would be helpful. Tribes are themselves considered 
underserved, culturally specific communities, and we do not interpret 
FVPSA as infringing upon Tribal sovereignty or as intending to create 
burdensome or meaningless requirements on the Tribes.
    Additionally, in paragraph (a), to complement FVPSA requirements to 
build capacity in culturally-specific organizations, we expect that 
specialized services will be available to support the specific needs of 
their communities. While traditional/mainstream FVPSA-funded programs 
are generally accessible to all people in compliance with Federal, 
State, and local law, unique expertise regarding the needs of 
underserved and historically marginalized populations lies within those 
communities. We propose to require States, in their funding processes, 
to address the needs of underserved, racial and ethnic minorities 
including Tribal populations, and people with disabilities and their 
families, with an emphasis on funding organizations that can meet 
unique needs including culturally relevant and linguistically 
appropriate services. These requirements have both been addressed in 
the Funding Opportunity Announcements as well as grantee meetings 
within the last 5 years. Jointly using multiple Federal and State 
funding streams may accomplish these purposes and we expect that States 
will make significant efforts to create awareness of FVPSA funding for 
culturally-specific communities and Tribes, including training and 
technical assistance that supports organizations serving those 
communities in the FVPSA application and grant award processes. FVPSA 
funding is not intended to just support traditionally-funded 
organizations. However, it is intended to support core shelter and 
supportive services (see FVPSA section 10401). It is not the intent of 
these regulations to change this important priority. The needs of 
culturally specific organizations and communities, including Tribes, 
are not, however, mutually exclusive from the need for core services; 
they are complementary. Moreover, providing truly accessible services 
to culturally-specific communities often means that the leadership, 
management and staff of FVPSA funded, subgrantee programs should 
reflect the diversity of the populations seeking services, including 
people with disabilities and their families, and other underserved 
populations. We therefore propose, pursuant to FVPSA Sections 10407 and 
10408, that States take steps to address these priorities and 
specifically describe them in their annual applications. Partnering 
with Coalitions and culturally-specific community based

[[Page 61901]]

organizations in these areas is especially critical. Public comment is 
welcome on these issues.
State Applications
    Requirements for applications made by States are outlined under 
proposed 1370.10 section (b). As required in FVPSA Section 10407(a)(1), 
a State application must be submitted by the Chief Executive of the 
State and signed by the Chief Executive Officer or the Chief Program 
Official designated as responsible for the administration of FVPSA.
    Under paragraph (b)(1), and as indicated in the Funding Opportunity 
Announcements as well as to fulfill FVPSA requirements, we propose that 
the State application include the name of the State agency, the name 
and contact information for the Chief Program Official designated as 
responsible for the administration of funds under FVPSA and 
coordination of related programs within the State, and the name and 
contact information for a contact person if different from the Chief 
Program Official.
    Under proposed paragraph (b)(2), pursuant to the Funding 
Opportunity Announcements and to fulfill FVPSA requirements, the State 
application must include a plan describing in detail how the needs of 
underserved populations will be met. This includes, under proposed 
paragraph (b)(2)(i), identification of which populations in the State 
are underserved, a description of those that are being targeted for 
outreach and services, and a brief explanation of why those populations 
were selected to receive outreach and services. As States undertake the 
process of identifying underserved, culturally-specific communities in 
their respective State, we expect that they will consult data generated 
from Federal and State census counts as well as other demographic 
information. Information on specific details will be provided in FOAs 
and other guidance. In addition, this paragraph includes a requirement 
regarding how often the State revisits the identification and selection 
of the populations to be served with FVPSA funding (not to exceed three 
years). For example, we propose that at least every three years States 
must identify population shifts or changes to assist in meaningful 
delivery of culturally-specific services and the involvement of 
potential new planning partners or explain why these steps are 
unnecessary. State applications must document this process. We strongly 
encourage that State plans be reassessed on a triennial basis or that 
an explanation be included in the State's application regarding why 
reassessment is unnecessary. These requirements are proposed to fulfill 
FVPSA and the Funding Opportunity Announcements to support the 
provision of services to underserved populations. We welcome comments 
on these provisions.
    Under proposed paragraph (b)(2)(ii), we also propose in order to 
fulfill FVPSA requirements and those found in the Funding Opportunity 
Announcements that the State application's plan describing how the 
needs of underserved populations will be met include a description of 
the outreach plan, including the domestic violence training to be 
provided, the means for providing technical assistance and support, and 
the leadership role played by those representing and serving the 
underserved populations in question.
    Under proposed paragraph (b)(2)(iii), we also include a requirement 
for a description of the specific services to be provided or enhanced, 
such as new shelters or services, improved access to shelters or 
services, or new services for underserved populations, as defined in 
this NPRM Section 1370.2, such as victims from communities of color, 
immigrant victims, victims with disabilities, or older individuals. 
This proposed requirement is intended to fulfill FVPSA requirements and 
reflect provisions in the Funding Opportunity Announcements.
    Finally, under proposed paragraph (b)(2)(iv) to fulfill FVPSA 
requirements and those found in the Funding Opportunity Announcements, 
we propose that the State application's plan describing how the needs 
of underserved populations will be met include a description of the 
public information component of the State's outreach program, including 
the elements of the program that are used to explain domestic violence, 
the most effective and safe ways to seek help, and tools to identify 
available resources.
    In subsection 1370.10(b)(3), we propose to fulfill FVPSA 
requirements and the provisions in the Funding Opportunity 
Announcements that each State application contain a description of the 
process and procedures used to involve the State Domestic Violence 
Coalition, knowledgeable individuals, and interested organizations, 
including those serving or representing underserved communities in the 
State planning process.
    In paragraph (4) of this subsection, we propose to fulfill FVPSA 
requirements and those found in the Funding Opportunity Announcements 
by requiring that each State application contain documentation of 
planning, consultation with and participation of the State Domestic 
Violence Coalition in the administration and distribution of FVPSA 
programs, projects, and grant funds awarded to the State.
    In paragraph (5) pursuant to FVPSA Section 10407(a)(2)(c) we 
propose that a description of the procedures used to assure an 
equitable distribution of grants and grant funds within the State and 
between urban and rural areas, as defined by the Census Bureau, within 
the State. The U.S. Census Bureau (USCB) defines (and FYSB defers to 
and incorporates this definition) two types of ``urban'' areas: (1) 
Urbanized areas of 50,000 or more people; and (2) ``urban clusters'' of 
at least 2,500 and less than 50,000 people. The USCB explains that 
``rural'' encompasses all population, housing, and territory not 
included within an ``urban'' area as ``rural''. The plan should 
describe how funding allocations will address the needs of underserved 
communities. Other Federal, State, local, and private funds may be 
considered in determining compliance. We also propose to require 
States, in their funding processes, to address the needs of 
underserved, racial and ethnic minorities including Tribal populations, 
and people with disabilities and their families, with an emphasis on 
funding organizations that can meet unique needs including culturally 
relevant and linguistically appropriate services.
    In paragraph (6) we propose in order to fulfill FVPSA requirements 
that a State's application include: A description of how the State 
plans to use the grant funds including a State plan developed in 
consultation with State and Tribal Domestic Violence Coalitions and 
representatives of underserved and culturally specific communities; a 
description of the target populations; of the number of shelters to be 
funded; of the number of non-residential programs to be funded; of the 
services the State will provide; and of the expected results from the 
use of the grant funds. To fulfill these requirements, it is critically 
important that States work with Coalitions and Tribes to solicit their 
feedback on program effectiveness which may include recommendations 
such as establishing program standards and participating in program 
monitoring.
    In paragraph (7) we propose pursuant to FVPSA Section 
10407(a)(2)(H) to require that State applications include a copy of the 
law or procedures, such as a process for obtaining an order of 
protection that the State has implemented for the eviction of an 
abusive spouse or other intimate,

[[Page 61902]]

domestic, or dating partner from a shared household or residence.
    In paragraph (8) we propose pursuant to FVPSA Section 10408(b)(2) 
to require that State applications include an assurance that not less 
than 70 percent of the funds distributed by a State to sub-recipients 
shall be distributed to entities for the primary purpose of providing 
immediate shelter and supportive services to adult and youth victims of 
family violence, domestic violence, or dating violence, and their 
dependents, and that not less than 25 percent of the funds distributed 
by a State to sub-recipients shall be distributed to entities for the 
purpose of providing supportive services and prevention services (these 
percentages may overlap with respect to supportive services but are not 
included in the 5 percent cap applicable to State administrative 
costs). No grant shall be made under this section to an entity other 
than a State unless the entity agrees that, with respect to the costs 
to be incurred by the entity in carrying out the program or project for 
which the grant is awarded, the entity will make available (directly or 
through donations from public or private entities) non-Federal 
contributions in an amount that is not less than $1 for every $5 of 
Federal funds provided under the grant. The non-Federal contributions 
required under this paragraph may be in cash or in kind.
    In paragraph (9) pursuant to FVPSA Section 10406(c)(5) we propose 
requiring that State applications include documentation of policies, 
procedures and protocols that ensure individual identifiers of client 
records will not be used when providing statistical data on program 
activities and program services or in the course of grant monitoring, 
that the confidentiality of records pertaining to any individual 
provided family violence prevention or intervention services by any 
program or entity supported under the FVPSA will be strictly 
maintained, and the address or location of any shelter supported under 
the FVPSA will not be made public without the written authorization of 
the person or persons responsible for the operation of such shelter.
    Our final proposed requirement, in paragraph (10), would require 
that State applications include additional agreements, assurances, and 
information, in such form, and submitted in such manner as the Funding 
Opportunity Announcement and related program guidance prescribe.
    State Coalitions and Tribal Coalitions are specifically designated 
statutory participants pursuant to FVPSA Section10407(b)(3) in 
determining whether State grantees and subgrantees are fulfilling the 
goals and activities in their respective State applications/plans and 
complying with FVPSA grant conditions. To fulfill these requirements, 
it is critically important that States work with Coalitions and Tribes 
to solicit their feedback on program effectiveness which may include 
recommendations such as establishing program standards and 
participating in program monitoring. Public comment is invited on the 
best way to fulfill these statutory requirements.
Tribal Applications
    Finally, we note that there are some proposed regulatory provisions 
that are specific to Tribes and we have outlined these in proposed 
Sec.  1370.10(c). In paragraph (c), we propose that that the 
application from a Tribe or Tribal Organization be signed by a Tribally 
Designated Official, such as the Tribal Chairperson or Chief Executive 
Officer, as required in FVPSA Section 10410 and applicable Funding 
Opportunity Announcements. We also propose in paragraph (c)(1) to 
require that applications from Tribal Consortia or other joint Tribal 
applications include a copy of a current Tribal resolution or an 
equivalent document that verifies Tribal approval of the application 
being submitted as also required in the Funding Opportunity 
Announcements. We propose that the resolution or other document should 
state 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 pursuant to the FVPSA. We 
also propose that the resolution or equivalent document must specify 
the name(s) of each Tribe and, if Tribal resolutions are the vehicles 
to support applications from Tribal Consortia or other joint Tribal 
applications, that a representative of each Tribe signs the resolution. 
We also propose to require that the service areas proposed by Tribes in 
their applications, be specifically delineated.
    In proposed paragraph (c)(2) we propose as indicated in the Funding 
Opportunity Announcements requiring that each Tribal application also 
contain a description of the procedures designed to involve 
knowledgeable individuals and interested organizations in providing 
services under the FVPSA. 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 Tribal or State 
Domestic Violence Coalitions, and operators of domestic violence 
shelters and service programs.
    Proposed paragraph (c)(3) requires that Tribal applications 
pursuant to the current Funding Opportunity Announcement also include a 
description of the applicant's operation of and/or capacity to carry 
out a family violence prevention and services program. Ways this 
information can be demonstrated include evidence of: (i) The current 
operation of a shelter, safe house, or domestic violence prevention 
program; (ii) 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 and intervention 
activities or services; or (iii) the operation of social services 
programs as evidenced by receipt of grants or contracts awarded under 
Indian Child Welfare grants from the Bureau of Indian Affairs; 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.
    Proposed paragraph (c)(4), pursuant to the current Funding 
Opportunity Announcement, would require Tribal applications to include 
a description of the services to be provided, how the applicant 
organizations 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.
    Proposed paragraph (c)(5) pursuant to FVPSA Section 10407(a)(2)(H) 
would require Tribal applications to include documentation of the law 
or procedure which has been implemented for the eviction of an abusing 
spouse or other intimate, domestic, or dating partner from a shared 
household or residence.
    Proposed paragraph (c)(6) pursuant to FVPSA Section 10406(c)(5) 
would require Tribal applications to include documentation of the 
policies and procedures developed and implemented, including copies of 
the policies and procedures, to ensure that individual identifiers of 
client records will not be used when providing statistical data on 
program activities and program services or in the course of grant 
monitoring and that the confidentiality of records pertaining to any 
individual provided domestic violence prevention or intervention 
services by any FVPSA-supported program will be strictly maintained. If 
a FVPSA grantee or subgrantee fails to comply with these requirements, 
additional programmatic support and technical assistance will be 
provided by the FYSB program staff and FVPSA-

[[Page 61903]]

funded technical assistance providers to avoid an interruption or 
defunding. As identified in section 1370.4, Tribes often have 
significant confidentiality challenges due to geographic isolation and, 
therefore, we welcome comments from Tribes on this section.
    The final requirement for Tribal applications, proposed paragraph 
(c)(7), would require such applications to include agreements, 
assurances, and information, in such form, and submitted in such 
manner, as the Funding Opportunity Announcement and related program 
guidance prescribe.
    We do not believe that these provisions impose any additional 
burden on Tribes, but welcome comments.

Subpart C--State Domestic Violence Coalition Grants

Section 1370.20 What additional requirements apply to State Domestic 
Violence Coalitions?

    The current rule, in Sec.  1370.3, contains provisions for 
Coalition Grants. Each State and Territory has a domestic violence 
Coalition that receives FVPSA funding as the HHS-designated statewide 
domestic violence Coalition. These Coalitions provide an essential role 
in the domestic violence field, and only one per State can be funded 
under the FVPSA. We propose to add Sec.  1370.20 under new Subpart C. 
Our proposed provisions focus in more detail than the current rule on 
the planning, consultation, and coordinating activities than the 
statute now expects of these grantees. In particular, in paragraph 
(b)(1), pursuant to FVPSA we propose to require that membership include 
representatives of a majority of the primary-purpose domestic violence 
service providers operating within the State or Territory (see the 
proposed definition of primary-purpose discussed earlier in this 
preamble). In paragraph (b)(2) we propose that Coalitions' Boards of 
Directors also must be representative of the membership comprised of 
the primary-purpose domestic violence service providers in their 
respective States and Territories and also may include community 
members. Boards of Directors composed of member representatives and 
community members are highly encouraged so that Coalition boards have 
the cross-sector expertise to ensure Coalitions have strong 
organizational infrastructures, including Boards of Directors that 
support the long-term programmatic and financial sustainability of 
Coalitions. Financial sustainability of Coalitions, as independent, 
autonomous non-profit organizations, also must be supported by their 
membership comprised of the primary-purpose domestic violence service 
providers in the respective States and Territories, including those 
member representatives on the Coalitions' Boards of Directors. 
Coalitions' financial sustainability also is critical to the 
programmatic and fiscal success of their members and these priorities 
should not be interpreted to conflict with the same or complimentary 
priorities of their domestic violence service provider member 
constituents.
    State and Territorial Domestic Violence Coalitions play a unique 
role in assisting Federal, State and local governments, victim service 
providers, including Tribes and Tribal organizations, and the private 
sector in coordinating and developing policies and procedures, 
conducting outreach and public awareness, and providing training and 
technical assistance. We, therefore, propose in section (c) that 
Coalitions demonstrate in the annual application their competencies in 
provision of programming and other functions necessary under FVPSA (42 
U.S.C. 10402(11) and 10411). Coalitions also would be required to 
collaborate with Indian Tribes and Tribal organizations (and 
corresponding Alaska Native and Native Hawaiian groups or communities) 
to address the needs of American Indian, Alaska Native, and Native 
Hawaiian victims of family violence, domestic violence, or dating 
violence, if such Tribes and organizations exist within a given State 
and are willing to work with the Coalition. It is, therefore, 
especially important that Coalitions include Tribes and Tribal 
organizations in their membership structures where possible.
    As outlined in proposed (c)(1)(i)-(viii), Coalitions also are 
required to have demonstrated capacity to coordinate with multiple 
systems to encourage appropriate and comprehensive responses that 
promote the support and safety needs of adult and youth victims of 
family, domestic, or dating violence. Demonstrated capacity may include 
but is not limited to: Identifying successful efforts that support 
child welfare agencies' identification and support of victims during 
intake processes; creation of membership standards that enhance victim 
safety and fully require training and technical assistance for 
compliance with federal housing, disability, and sex discrimination 
laws and regulations; and, training judicial personnel on trauma-
informed courtroom practice. Such systems include but are not limited 
to: Public and mental health; law enforcement; courts/judiciary; child 
protective services, to include custody and visitation issues impacting 
victims within child welfare systems; protection and advocacy systems; 
housing; social welfare; private enterprise; and, aging and disability 
systems to develop appropriate responses for older individuals and 
individuals with disabilities. Under proposed paragraph (c)(1), 
Coalitions also must, in the annual applications for funding, have 
documented experience in administering Federal grants supporting these 
programmatic areas or have a documented history of active participation 
in the respective statutory program areas enunciated in 42 U.S.C. 
10411(c)(1) and (2)(A) and (B). If a Coalition receives VAWA STOP 
(Services, Training, Officers, Prosecutors grant program--42 U.S.C. 
3796gg(c)(1)) funding for Coalitions and utilizes that funding for 
programming and activities to address domestic violence and law 
enforcement, the courts/judiciary, and/or child protective services, 
including child custody and visitation in child welfare cases, it does 
not have to spend FVPSA funds on these activities. Instead, in its 
annual application, it must provide an annual assurance that such 
activities are conducted with VAWA STOP Coalition funding and such 
activities must be described in the application.
    Under proposed paragraph (d), we outline that nothing in this 
section limits the ability of a Coalition to use non-Federal or other 
Federal funding sources to conduct required functions, provided that if 
the Coalition uses funds received under section 2001(c)(1) of the 
Omnibus Crime Control and Safe Streets Act of 1968 to perform the 
functions described in subsections (2)(iv) and (v) in lieu of funds 
provided under the FVPSA, it shall provide an annual assurance to the 
Secretary that it is using such funds, and that it is coordinating the 
activities conducted under this section with those of the State's 
activities under Part T of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968.
Coalition Designation
    In paragraph (e) we propose that in cases in which two or more 
organizations seek designation, the designation of each State's and 
Territory's individual Coalition is within the exclusive discretion of 
HHS. The Department will determine which applicant best fits statutory 
criteria, with particular attention paid to the applicant's documented 
history of effective work, support of primary-purpose programs and 
programs that

[[Page 61904]]

serve racial and ethnic minority populations and underserved 
populations (including but not limited to those representing older 
individuals and people with disabilities, LGBTQ populations, and the 
Limited English Proficient), coordination and collaboration with the 
State or Territorial government, and capacity to accomplish the FVPSA 
mandated role of a Coalition. As of the publication of this rule, 
Coalitions for all 56 State and Territorial Coalitions have been HHS 
designated.
    In paragraph (f), we propose that if a Coalition becomes 
financially insolvent, ceases to represent the majority of primary 
purpose programs, is disbarred from receiving Federal funding, or can 
no longer meet the statutory requirements of the FVPSA despite 
technical assistance provided, the Department may reopen the 
application process for that State's Coalition designation. Because 
Coalitions are intended to effectively represent diverse victims and 
service providers in their States, HHS would engage with domestic 
violence service providers and State leaders to inform their decision 
about which alternative organizations could be considered eligible.
    As described in Subpart B, we propose that Coalitions be required 
to identify gaps in services and the most effective ways to meet 
identified gaps and other problems. We also propose that Coalitions 
participate in planning and monitoring of the distribution of subgrants 
within the States and in the administration of grant programs and 
projects. In conducting needs assessments, we propose to require that 
Coalitions and States work in partnership on the statutorily required 
FVPSA State planning process to involve representatives from 
underserved and racial and ethnic minority populations to plan, assess, 
and voice the needs of the communities they represent. Coalitions are 
expected to assist States in identifying underrepresented communities 
and culturally-specific community based organizations in State planning 
and to work with States to unify planning and needs assessment efforts 
so that comprehensive and culturally-specific services are provided. We 
also propose through the inclusion of the populations targeted to place 
emphasis on building the capacity of culturally-specific services and 
programs.

Subpart D--Discretionary Grants and Contracts

    The existing rule contains brief paragraphs on two types of 
discretionary grants (information and technical assistance and public 
information campaign grants), in Sec.  1370.4, and Sec.  1370.5. We 
propose to add a new Subpart D covering all discretionary grants and 
contracts. This new subpart would address separately National Resource 
Centers and Training and Technical Assistance Grants (Sec.  1370.30), 
grants for State resource centers to reduce disparities in domestic 
violence in States with high proportions of American Indian (including 
Alaska Native) or Native Hawaiian population (Sec.  1370.30), grants 
for specialized services for abused parents and their children (Sec.  
1370.31), and the National Domestic Violence Hotline (Sec.  1370.32). 
These new sections primarily reflect statutory requirements, the 
evolution of the program and the focus of FVPSA.
    These proposed provisions also focus on the unique planning, 
consultation, and coordinating activities that we expect of each type 
of grantee. Finally, these provisions provide for the use of the 
Funding Opportunity Announcements and other program guidance to provide 
additional details and procedures that apply to these grants. We 
welcome comments on these provisions.
    We propose adding a new heading to be titled ``Subpart D--
Discretionary Grants and Contracts''.

Section 1370.30 What National Resource Centers and Training and 
Technical Assistance grant programs are available and what requirements 
apply?

    We propose to add Sec.  1370.30 to Subpart D. National Resource 
Centers and Training and Technical Assistance Center grants, pursuant 
to FVPSA Section 10410, are to provide resource information, training, 
and technical assistance to improve the capacity of individuals, 
organizations, governmental entities, and communities to prevent family 
violence, domestic violence, and dating violence and to provide 
effective intervention services. They fund national, special issue, and 
culturally-specific resource centers addressing key areas of domestic 
violence intervention and prevention, and may include State resource 
centers to reduce disparities in domestic violence in States with high 
proportions of Native American (including Alaska Native or Native 
Hawaiian) populations and to support training and technical assistance 
that address emerging issues related to family violence, domestic 
violence, or dating violence, to entities demonstrating expertise in 
these areas. Grants may be made for five specific grants.
    The first is the National Resource Center on Domestic Violence 
which offers a comprehensive array of technical assistance and training 
resources to Federal, State, and local governmental agencies, domestic 
violence service providers, community-based organizations, and other 
professionals and interested parties, related to domestic violence 
service programs and research, including programs and research related 
to victims and their children who are exposed to domestic violence as 
well as older individuals and those with disabilities. The grantee also 
will maintain a central resource library in order to collect, prepare, 
analyze, and disseminate information and statistics related to the 
incidence and prevention of family violence and domestic violence; and 
the provision of shelter, supportive services, and prevention services 
to adult and youth victims of domestic violence, including older 
individuals and those with disabilities (including services to prevent 
repeated incidents of violence).
    The second grant is for a National Indian Resource Center 
Addressing Domestic Violence and Safety for Indian Women which offers a 
comprehensive array of technical assistance and training resources to 
Indian Tribes and Tribal organizations, specifically designed to 
enhance the capacity of the Tribes and Tribal organizations to respond 
to domestic violence and increase the safety of Indian women. The 
grantee also will enhance the intervention and prevention efforts of 
Indian Tribes and Tribal organizations to respond to domestic violence 
and increase the safety of Indian women, and coordinate activities with 
other Federal agencies, offices, and grantees that address the needs of 
American Indians, Alaska Natives, and Native Hawaiians that experience 
domestic violence.
    The third grant is for special issue resource centers to provide 
national information, training, and technical assistance to State and 
local domestic violence service providers. Each special issue resource 
center shall focus on enhancing domestic violence intervention and 
prevention efforts in at least one of the following areas: (1) Response 
of the criminal and civil justice systems to domestic violence victims, 
which may include the response to the use of the self-defense plea by 
domestic violence victims and the issuance and use of protective 
orders; (2) response of child protective service agencies to victims of 
domestic violence and their dependents and child custody issues in 
domestic violence cases; (3) response of the

[[Page 61905]]

interdisciplinary health care system to victims of domestic violence 
and access to health care resources for victims of domestic violence; 
(4) response of mental health systems, domestic violence service 
programs, and other related systems and programs to victims of domestic 
violence and to their children who are exposed to domestic violence.
    The fourth grant is for Culturally-Specific Special Issue Resource 
Centers that enhance domestic violence intervention and prevention 
efforts for victims of domestic violence who are members of racial and 
ethnic minority groups; and will enhance the cultural and linguistic 
relevancy of service delivery, resource utilization, policy, research, 
technical assistance, community education, and prevention initiatives.
    The fifth grant is for State resource centers to provide statewide 
information, training, and technical assistance to Indian Tribes, 
Tribal organizations, and local domestic violence service organizations 
serving Native Americans (including Alaska Natives and Native 
Hawaiians) in a culturally sensitive and relevant manner. These centers 
shall: (1) Offer a comprehensive array of technical assistance and 
training resources to Indian Tribes, Tribal organizations, and 
providers of services to Native Americans (including Alaska Natives and 
Native Hawaiians) specifically designed to enhance the capacity of the 
Tribes, organizations, and providers to respond to domestic violence; 
(2) coordinate all projects and activities with the National Indian 
Resource Center Addressing Domestic Violence and Safety for Indian 
Women, including projects and activities that involve working with 
State and local governments to enhance their capacity to understand the 
unique needs of Native Americans (including Alaska Natives and Native 
Hawaiians); and (3) provide comprehensive community education and 
domestic violence prevention initiatives in a culturally sensitive and 
relevant manner. Eligibility for the State resource center grant 
program is contingent upon being located in a State with high 
proportions of Indian or Native Hawaiian populations. Eligible entities 
shall be located in a State in which the population of Indians 
(including Alaska Natives) and Native Hawaiians exceeds 10 percent of 
the total population of the State; or, be an Indian Tribe, Tribal 
organization or a Native Hawaiian organization that focuses primarily 
on issues of domestic violence among Indians or Native Hawaiians; or, 
be an institution of higher education; and, demonstrate the ability to 
serve all regions of the State, including underdeveloped areas and 
areas that are geographically distant from population centers. 
Additionally, eligible entities shall offer training and technical 
assistance and capacity-building resources in States where the 
population of Indians (including Alaska Natives) and Native Hawaiians 
exceeds 2.5 percent of the total population of the State.
    Under section (f), we propose that other discretionary grants may 
be awarded to support training and technical assistance that address 
emerging issues related to family violence, domestic violence, or 
dating violence, to entities demonstrating related experience.
    Under section (g) we propose that, to receive a grant under any 
part of this section, an entity shall submit an application that shall 
meet such eligibility standards as are prescribed in the FVPSA and 
contains such agreements, assurances, and information, in such form, 
and submitted in such manner as the Funding Opportunity Announcement 
and related program guidance prescribe.
    Under section (h), we propose that all grant recipients should 
create a plan to ensure effective communication and meaningful access 
to domestic violence program services for victims of domestic violence 
with Limited English Proficiency (LEP), which should include: How to 
respond to individuals with LEP, and how to use appropriate 
interpretation and translation services, including best practices for 
using taglines. Taglines are short statements in non-English languages 
informing persons with LEP how to access language assistance services; 
how to respond to individuals with communication-related disabilities 
and how to provide appropriate auxiliary aids and services, including 
qualified interpreters and information in alternate formats, to people 
with disabilities. The use of the term ``Limited English Proficient'' 
is not meant to be interpreted as a substitution for the statutory 
language ``non-English'' speaking individuals but rather to be 
consistent with HHS Office for Civil Rights guidance applicable to all 
HHS-funded programs. Please see http://www.hhs.gov/ocr/civilrights/resources/specialtopics/lep/index.html.

Section 1370.31 What additional requirements apply to grants for 
specialized services for abused parents and their children?

    We propose to add new Sec.  1370.31 to Subpart D. Consistent with 
42 U.S.C. 10412, grants provided for specialized services for abused 
parents and their children are intended to expand the capacity of 
family violence, domestic violence, and dating violence service 
programs and community-based programs to prevent future domestic 
violence by addressing, in an appropriate manner, the needs of children 
exposed to family violence, domestic violence, or dating violence. To 
be eligible an entity must be a local agency, a nonprofit private 
organization (including faith-based and charitable organizations, 
community-based organizations, and voluntary associations), or a Tribal 
organization, with a demonstrated record of serving victims of family 
violence, domestic violence, or dating violence and their children.
    Consistent with 42 U.S.C. 10412(c), in paragraph (b)(1) we propose 
that, in order to be eligible to receive a grant under this section, an 
entity shall submit an application that includes a complete description 
of the applicant's plan for providing specialized services for abused 
parents and their children. This should include descriptions of how the 
entity will prioritize the safety of, and confidentiality of 
information about victims of family violence, victims of domestic 
violence, and victims of dating violence and their children. It also 
should address how the entity will provide developmentally appropriate 
and age-appropriate services, and culturally and linguistically 
appropriate services, to the victims and children. Finally, it should 
describe how the entity will ensure that professionals working with the 
children receive the training and technical assistance appropriate and 
relevant to the unique needs of children exposed to family violence, 
domestic violence, or dating violence.
    Consistent with 42 U.S.C. 10412(d), in paragraph (b)(2), we propose 
that the application should demonstrate that the applicant has the 
ability to provide direct counseling, appropriate services, and 
advocacy on behalf of victims of family violence, domestic violence, or 
dating violence and their children, including coordination with 
services provided by the child welfare system.
    In paragraph (b)(3), we propose that the application also should 
demonstrate that the applicant can effectively provide services for 
non-abusing parents

[[Page 61906]]

to support those parents' roles as caregivers and their roles in 
responding to the social, emotional, and developmental needs of their 
children.
    Consistent with 42 U.S.C. 10412(d)(2), in paragraph (c) we propose 
that eligible applicants may use funds under a grant pursuant to this 
section that: (1) Demonstrates a capacity to provide early childhood 
development and mental health services; (2) shows the ability to 
coordinate activities with and provide technical assistance to 
community-based organizations serving victims of family violence, 
domestic violence, or dating violence or children exposed to family 
violence, domestic violence, or dating violence; and (3) shows the 
capacity to provide additional services and referrals to services for 
children, including child care, transportation, educational support, 
respite care, supervised visitation, or other necessary services.
    Finally, in paragraph (c)(4), we propose that the application must 
contain such agreements, assurances, and information, in such form, and 
submitted in such manner as the Funding Opportunity Announcement and 
related program guidance prescribe.
    If Congressional appropriations in any fiscal year for the entirety 
of programs covered by this proposed rule (exclusive of the National 
Domestic Violence Hotline which receives a separate appropriation) 
exceed $130 million, not less than 25 percent of such excess funds 
shall be made available to carry out this grant program. If 
appropriations reach this threshold, HHS will specify funding levels in 
future Funding Opportunity Announcements.

Section 1370.32 What additional requirements apply to National Domestic 
Violence Hotline grants?

    We propose to add new Sec.  1370.32 to Subpart D. Consistent with 
42 U.S.C. 10413, the National Domestic Hotline grants are for one or 
more private entities to provide for the ongoing operation of a 24-
hour, national, toll-free telephone hotline to provide information and 
assistance to adult and youth victims of family violence, domestic 
violence, or dating violence, family and household members of such 
victims, and persons affected by the victimization.
    We propose to add a definition of ``telephone'' as used in the 
context of ``telephone hotline'' so that the term appropriately 
reflects evolving technological advances impacting telephone usage and 
the multiple ways in which telephone hotlines operate and are most 
responsive to hotline callers or users. According to the Pew Research 
Internet and American Life Project ``some 83% of American adults own 
cell phones and three-quarters of them (73%) send and receive text 
messages. Young adults are the most avid texters by a wide margin. Cell 
owners between the ages of 18 and 24 exchange an average of 109.5 
messages on a normal day--that works out to more than 3,200 texts per 
month--and the typical or median cell owner in this age group sends or 
receives 50 messages per day (or 1500 messages per month).'' We 
therefore propose to add a definition of ``telephone'' as used in the 
context of ``telephone hotline'' so that the term appropriately 
reflects evolving technological advances impacting telephone usage and 
the multiple ways in which telephone hotlines operate and are most 
responsive to hotline callers or users. We propose ``telephone'' to be 
defined as a communications device that permits two or more callers or 
users to engage in transmitted analog, digital, short message service 
(SMS), cellular/wireless, laser, cable/broadband, internet, voice-over 
internet protocol (IP) or other communications, including telephone, 
smartphone, chat, text, voice recognition, or other technological means 
which connects callers or users together. The traditional analog 
telephone may soon become outdated technology that does not provide 
appropriate and safe services for callers or users, nor does it reflect 
that users may not be ``calling'' telephone hotlines as traditionally 
understood. As a result, current FVPSA language may prevent grantees 
responsible for operating emerging or changing technologies that serve 
victims of family, domestic, and dating violence from incorporating 
cutting-edge software and hardware that simultaneously advance with 
technology trends and user interfaces.
    Under proposed paragraph (c), to be consistent with 42 U.S.C. 
10413(d), we propose that in order to be eligible to receive a grant 
under this section, an entity shall submit an application that includes 
a complete description of the applicant's plan for the operation of a 
national domestic violence hotline, including descriptions of:
    (1) The training program for hotline personnel, including 
technology training to ensure that all persons affiliated with the 
hotline are able to effectively operate any technological systems used 
by the hotline, and are familiar with effective communication and 
meaningful access requirements, to ensure access for all, including 
people who are Limited English Proficient and people with disabilities;
    (2) the hiring criteria and qualifications for hotline personnel;
    (3) the methods for the creation, maintenance, and updating of a 
resource database;
    (4) a plan for publicizing the availability of the hotline;
    (5) a plan for providing service to Limited English Proficient 
callers, including service through hotline personnel who are qualified 
to interpret for Limited English Proficient individuals;
    (6) a plan for facilitating access to the hotline by persons with 
disabilities, including persons with hearing impairments; and
    (7) a plan for providing assistance and referrals to youth victims 
of domestic violence and for victims of dating violence who are minors, 
which may be carried out through a national teen dating violence 
hotline.
    The application also must demonstrate:
    (1) That the applicant has recognized expertise in the area of 
family violence, domestic violence, or dating violence and a record of 
high quality service to victims of family violence, domestic violence, 
or dating violence, including a demonstration of support from advocacy 
groups and State Domestic Violence Coalitions;
    (2) that the applicant has the capacity and the expertise to 
maintain a domestic violence hotline and a comprehensive database of 
service providers;
    (3) the applicants' ability to provide information and referrals 
for callers, directly connect callers to service providers, and employ 
crisis interventions meeting the standards of family violence, domestic 
violence, and dating violence providers;
    (4) that the applicant has a commitment to diversity and to the 
provision of services to underserved populations, including to ethnic, 
racial, and Limited English Proficient individuals, in addition to 
older individuals and individuals with disabilities;
    (5) that the applicant follows comprehensive quality assurance 
practices.
    Finally, the application must contain such agreements, information, 
and assurances, including nondisclosure of confidential or personally 
identifiable information, in such form, and submitted in such manner as 
the Funding Opportunity Announcement and related program guidance 
prescribe.
    In accordance with 42 U.S.C. 10413(f), under section (d) we propose 
that the entity receiving a grant under this section shall submit a 
performance report to the Secretary at such time as reasonably required 
by the Secretary that shall describe the activities that

[[Page 61907]]

have been carried out with grant funds, contain an evaluation of the 
effectiveness of such activities, and provide additional information as 
the Secretary may reasonably require.

VIII. Impact Analysis

Paperwork Reduction Act

    This proposed rule contains no new information collection 
requirements. There is an existing requirement for grantees to provide 
performance progress reports under Office of Management and Budget 
approval number 0970-0280. Grantees are also required to submit an 
application and annual financial status report. Nothing in this 
proposed rule would require changes in the current requirements, all of 
which have been approved by the Office of Management and Budget under 
the provisions of the Paperwork Reduction Act.

Regulatory Flexibility Act

    The Secretary certifies under 5 U.S.C. 605(b), as enacted by the 
Regulatory Flexibility Act (Pub. L. 96-354), that this proposed rule 
will not result in a significant economic impact on a substantial 
number of small entities. We have not proposed any new requirements 
that would have such an effect. Our proposed standards would almost 
entirely conform to the existing statutory requirements and existing 
practices in the program. In particular, we have proposed imposing only 
a few new processes, procedural, or documentation requirements that are 
not encompassed within the existing rule, existing Funding Opportunity 
Announcements, or existing information collection requirements. None of 
these would impose consequential burdens on grantees. Accordingly, an 
Initial Regulatory Flexibility Analysis is not required.

Regulatory Impact Analysis

    Executive Order 12866 and 13563 require that regulations be drafted 
to ensure that they are consistent with the priorities and principles 
set forth in these Executive Orders, including imposing the least 
burden on society, written in plain language and easy to understand, 
and seeking to improve the actual results of regulatory requirements. 
The Department has determined that this proposed rule is consistent 
with these priorities and principles. The Executive Orders require a 
Regulatory Impact Analysis for proposed or final rules with an annual 
economic impact of $100 million or more. Nothing in this proposed rule 
approaches effects of this magnitude. Nor does this proposed rule meet 
any of the other criteria for significance under these Executive 
Orders. This proposed rule has been reviewed by the Office of 
Management and Budget.

Congressional Review

    This proposed rule is not a major rule (economic effects of $100 
million or more) as defined in the Congressional Review Act.

Federalism Review

    Executive Order 13132, Federalism, requires that Federal agencies 
consult with State and local government officials in the development of 
regulatory policies with Federalism implications. This proposed rule 
will not have substantial direct impact on the States, on the 
relationship between the Federal government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. Therefore, in accordance with the Executive Order we have 
determined that this proposed rule does not have sufficient Federalism 
implications to warrant the preparation of a Federalism summary impact 
statement.

Family Impact Review

    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a 
Family Policymaking Assessment for any rule that may affect family 
well-being. This proposed rule would not have any new or adverse impact 
on the autonomy or integrity of the family as an institution. Like the 
existing rule and existing program practices, it directly supports 
family well-being. Since we propose no changes that would affect this 
policy priority, we have concluded that it is not necessary to prepare 
a Family Policymaking Assessment.

List of Subjects in 45 CFR 1370

    Administrative practice and procedure, Domestic violence, Grant 
Programs--Social Programs, Reporting and recordkeeping requirements, 
Technical assistance.

(Catalog of Federal Domestic Assistance Program Numbers 93.671 
Family Violence Prevention and Services/Battered Women's Shelters--
Grants to States and Indian Tribes and 93.591 Family Violence 
Prevention and Services/Battered Women's Shelters--Grants to State 
Domestic Violence Coalitions)

    Dated: March 24, 2015.
Mark H. Greenberg,
Acting Assistant Secretary for Children and Families.
    Approved: March 26, 2015.
Sylvia M. Burwell,
Secretary.

    Editorial note: This document was received for publication by the 
Office of the Federal Register on October 5, 2015.
    For the reasons set forth in the preamble, title 45 CFR part 1370 
is proposed to be amended as follows:

PART 1370--FAMILY VIOLENCE PREVENTION AND SERVICES PROGRAMS

0
1. The authority citation for part 1370 continues to read as follows:
0
2. Revise Sec. Sec.  1370.1 through 1370.5 and add Sec.  1370.6 under a 
new subpart A to read as follows:

Subpart A--General Provisions

Sec.
1370.1 What are the purposes of Family Violence Prevention and 
Services Act Programs?
1370.2 What definitions apply to these programs?
1370.3 What Government-wide and HHS-wide regulations apply to these 
programs?
1370.4 What confidentiality requirements apply to these programs?
1370.5 What additional non-discrimination requirements apply to 
these programs?
1370.6 What requirements for reports and evaluations apply to these 
programs?


Sec.  1370.1  What are the purposes of the Family Violence Prevention 
and Services Act Programs?

    This part addresses sections 301 through 313 of the Family Violence 
Prevention and Services Act (FVPSA), as amended, and codified at 42 
U.S.C. 10401 et seq. FVPSA authorizes the Secretary to implement 
programs for the purposes of increasing public awareness about and 
preventing family violence, domestic violence, and dating violence; 
providing immediate shelter and supportive services for victims of 
family violence, domestic violence, and dating violence and their 
dependents; providing for technical assistance and training relating to 
family violence, domestic violence, and dating violence programs; 
providing for State Domestic Violence Coalitions; providing specialized 
services for abused parents and their children; and operating a 
national domestic violence hotline. FVPSA emphasizes both primary, and 
secondary, prevention of violence.

[[Page 61908]]

Sec.  1370.2  What definitions apply to these programs?

    For the purposes of this part:
    Dating violence means violence committed by a person who is or has 
been in a social relationship of a romantic or intimate nature with the 
victim and where the existence of such a relationship shall be 
determined based on a consideration of the following factors: the 
length of the relationship, the type of relationship, and the frequency 
of interaction between the persons involved in the relationship. This 
definition reflects the definition also found in Section 40002(a) of 
VAWA (as amended), as required by FVPSA. Additionally, dating violence 
may include violence against older individuals and those with 
disabilities when the violence meets the applicable definition.
    Domestic violence means felony or misdemeanor crimes of violence 
committed by a current or former spouse or intimate partner of the 
victim, by a person with whom the victim shares a child in common, by a 
person who is cohabitating with or has cohabitated with the victim as a 
spouse or intimate partner, by a person similarly situated to a spouse 
of the victim under the domestic or family violence laws of the 
jurisdiction receiving grant monies, or by any other person against an 
adult or youth victim who is protected from that person's acts under 
the domestic or family violence laws of the jurisdiction. This 
definition also reflects the statutory definition of ``domestic 
violence'' found in Section 40002(a) of VAWA (as amended). Older 
individuals and those with disabilities who otherwise meet the criteria 
herein are also included within this term's definition. This definition 
will also include but will not be limited to acts or acts constituting 
intimidation, control, coercion and coercive control, emotional and 
psychological abuse and behavior, expressive and psychological 
aggression, harassment, tormenting behavior, disturbing or alarming 
behavior, and additional acts recognized in other Federal, State, local 
and tribal laws as well as acts in other Federal regulatory or sub-
regulatory guidance. This definition is not intended to be interpreted 
more restrictively than FVPSA and VAWA but rather to be inclusive of 
other, more expansive definitions.
    Family violence means any act or threatened act of violence, 
including any forceful detention of an individual, that results or 
threatens to result in physical injury and is committed by a person 
against another individual (including an older individual), to or with 
whom such person is related by blood or marriage, or is or was 
otherwise legally related, or is or was lawfully residing. All FVPSA-
funded grantees and contractors are required to serve program 
recipients regardless of whether an individual may be married to a 
person of the opposite or same sex. Please note that this guidance is 
not a change in previous grantee guidance as survivors of intimate 
partner violence, regardless of marital status, have always been 
eligible for FVPSA-funded services and programming.
    Personally identifying information is:
    (1) Individually identifying information for or about an individual 
including information likely to disclose the location of a victim of 
domestic violence, dating violence, sexual assault, or stalking, 
regardless of whether the information is encoded, encrypted, hashed, or 
otherwise protected, including:
    (i) A first and last name;
    (ii) A home or other physical address;
    (iii) Contact information (including a postal, email or Internet 
protocol address, or telephone or facsimile number);
    (iv) A social security number, driver license number, passport 
number, or student identification number; and
    (v) Any other information, including date of birth, racial or 
ethnic background, or religious affiliation, that would serve to 
identify any individual.
    (2) Note that information remains personally identifying even if 
physically protected through locked filing cabinets or electronically 
protected through encryption.
    Primary prevention means strategies, policies, and programs to stop 
both first-time perpetration and first-time victimization. Primary 
prevention is stopping intimate partner violence before it occurs.
    Primary-purpose domestic violence provider means a provider that 
operates a project of demonstrated effectiveness carried out by a 
nonprofit, nongovernmental, private entity, Tribe or Tribal 
organization that has as its project's primary-purpose the operation of 
shelters and supportive services for victims of domestic violence and 
their dependents; or provides counseling, advocacy, or self-help 
services to victims of domestic violence. Territorial Domestic Violence 
Coalitions may include government-operated domestic violence projects 
as ``primary-purpose'' providers for complying with the membership 
requirement, provided that Territorial Coalitions can document 
providing training, technical assistance, and capacity-building of 
community-based and privately operated projects to provide shelter and 
supportive services to victims of family, domestic, or dating violence, 
with the intention of recruiting such projects as members once they are 
sustainable as primary-purpose domestic violence service providers.
    Secondary prevention means identifying risk factors or problems 
that may lead to future family violence, domestic violence, or dating 
violence, and taking the necessary actions to eliminate the risk 
factors and the potential problem.
    Shelter means the provision of temporary refuge and supportive 
services in compliance with applicable State law or regulations 
governing the provision, on a regular basis, of shelter, safe homes, 
meals, and supportive services to victims of family violence, domestic 
violence, or dating violence, and their dependents. This definition 
also includes emergency shelter and immediate shelter, which may 
include scattered-site housing, which is defined as property with 
multiple locations around a local jurisdiction or state. Temporary 
refuge includes a residential service, including shelter and off-site 
services such as hotel or motel vouchers, which is not transitional or 
permanent housing. Should other jurisdictional laws conflict with this 
definition of temporary refuge, the definition which provides more 
expansive housing accessibility governs.
    State means each of the several States, the District of Columbia, 
the Commonwealth of Puerto Rico, and, except as otherwise provided in 
statute, Guam, American Samoa, the United States Virgin Islands, and 
the Commonwealth of the Northern Mariana Islands.
    State Domestic Violence Coalition means a statewide, non-
governmental, nonprofit 501(c)(3) organization whose membership 
includes a majority of the primary-purpose domestic violence providers 
in the State; whose board membership is representative of these 
primary-purpose domestic violence service providers and which may 
include representatives of the communities in which the services are 
being provided in the State; that provides education, support, and 
technical assistance to such providers; and that serves as an 
information clearinghouse, primary point of contact, and resource 
center on domestic violence for the State and supports the development 
of policies, protocols, and procedures to enhance domestic violence 
intervention and prevention in the State.
    Supportive services means services for adult and youth victims of 
family

[[Page 61909]]

violence, domestic violence, or dating violence, and their dependents, 
that are designed to meet the needs of such victims and their 
dependents for short-term, transitional, or long-term safety and 
recovery. Supportive services includes those services identified in 
FVPSA Section 10408(b)(1)(G), but is not limited to: Direct and/or 
referral-based advocacy on behalf of victims and their dependents, 
counseling, case management, employment services, referrals, 
transportation services, legal advocacy or assistance, childcare 
services, health, behavioral health and preventive health services, 
culturally appropriate services, and other services that assist victims 
or their dependents in recovering from the effects of the violence. 
Supportive services may be directly provided by grantees and/or by 
providing advocacy or referrals to assist victims in accessing such 
services.
    Underserved populations means populations who face barriers in 
accessing and using victim services, and includes populations 
underserved because of geographic location, religion, sexual 
orientation, gender identity, underserved racial and ethnic 
populations, and populations underserved because of special needs 
including language barriers, disabilities, immigration status, and age. 
Individuals with criminal histories due to victimization and 
individuals with substance abuse and mental health issues are also 
included in this definition. This definition also includes other 
population categories determined by the Secretary or the Secretary's 
designee to be underserved.


Sec.  1370.3  What Government-wide and HHS-wide regulations apply to 
these programs?

    (a) A number of government-wide and HHS regulations apply or 
potentially apply to all grantees. These include but are not limited 
to:
    (1) 2 CFR part 182--Government-wide Requirements for Drug Free 
Workplaces;
    (2) 2 CFR part 376--Nonprocurement Debarment and Suspension;
    (3) 45 CFR part 16--Procedures of the Departmental Grant Appeals 
Board;
    (4) 45 CFR part 30--Claims Collection;
    (5) 45 CFR part 46--Protection of Human Subjects;
    (6) 45 CFR part 75--Uniform Administrative Requirements, Cost 
Principles and Audit Requirements for HHS Awards;
    (7) 45 CFR part 80--Nondiscrimination Under Programs Receiving 
Federal Assistance Through the Department of Health and Human Services 
Effectuation of Title VI of the Civil Rights Act of 1964;
    (8) 45 CFR part 81--Practice and Procedure for Hearings under part 
80;
    (9) 45 CFR part 84--Nondiscrimination on the Basis of Handicap in 
Programs or Activities Receiving Federal Financial Assistance;
    (10) 45 CFR part 86--Nondiscrimination on the Basis of Sex in 
Education Programs or Activities Receiving Federal Financial 
Assistance;
    (11) 45 CFR part 87--Equal Treatment for Faith-Based Organizations;
    (12) 45 CFR part 91--Nondiscrimination on the Basis of Age in 
Programs or Activities Receiving Federal Financial Assistance for HHS; 
and
    (13) 45 CFR part 93--New Restrictions on Lobbying.
    (b) A number of government-wide and HHS regulations apply to all 
contractors. These include but are not limited to:
    (1) 48 CFR Chapter 1--Federal Acquisition Regulations; and
    (2) 48 CFR Chapter 3--Federal Acquisition Regulations--Department 
of Health and Human Services.


Sec.  1370.4  What confidentiality requirements apply to these 
programs?

    (a) In order to ensure the safety of adult, youth, and child 
victims of family violence, domestic violence, or dating violence, and 
their families, grantees and subgrantees under this title shall protect 
the confidentiality and privacy of such victims and their families. 
Subject to paragraphs (c), (d), and (e) of this section, grantees and 
subgrantees shall not--
    (1) Disclose any personally identifying information (as defined in 
Sec.  1370.2) collected in connection with services requested 
(including services utilized or denied) through grantees' and 
subgrantees' programs; or
    (2) Reveal personally identifying information without informed, 
written, reasonably time-limited consent by the person about whom 
information is sought, whether for this program or any other Federal or 
State grant program.
    (b) Consent shall be given by the person, except in the case of an 
unemancipated minor it shall be given by both the minor and the minor's 
parent or guardian; or in the case of an individual with a guardian it 
shall be given by the individual's guardian. A parent or guardian may 
not give consent if: He or she is the abuser or suspected abuser of the 
minor or individual with a guardian; or, the abuser or suspected abuser 
of the other parent of the minor. Reasonable accommodation shall also 
be made to those who may be unable, due to disability or other 
functional limitation, to provide consent in writing.
    (c) If the release of information described in paragraphs (a) and 
(b) of this section is compelled by statutory or court mandate:
    (1) Grantees and sub-grantees shall make reasonable attempts to 
provide notice to victims affected by the release of the information; 
and
    (2) Grantees and sub-grantees shall take steps necessary to protect 
the privacy and safety of the persons affected by the release of the 
information.
    (d) Grantees and sub-grantees may share:
    (1) Nonpersonally identifying information, in the aggregate, 
regarding services to their clients and demographic non-personally 
identifying information in order to comply with Federal, State, or 
Tribal reporting, evaluation, or data collection requirements;
    (2) Court-generated information and law enforcement-generated 
information contained in secure, governmental registries for protective 
order enforcement purposes; and
    (3) Law enforcement- and prosecution-generated information 
necessary for law enforcement and prosecution purposes.
    (e) Nothing in this section prohibits a grantee or subgrantee from 
reporting abuse and neglect, as those terms are defined by law, where 
mandated or expressly permitted by the State or Indian Tribe involved.
    (f) Nothing in this section shall be construed to supersede any 
provision of any Federal, State, Tribal, or local law that provides 
greater protection than this section for victims of family violence, 
domestic violence, or dating violence.
    (g) The address or location of any shelter facility assisted that 
maintains a confidential location shall, except with written 
authorization of the person or persons responsible for the operation of 
such shelter, not be made public.


Sec.  1370.5  What additional non-discrimination requirements apply to 
these programs?

    (a) No person shall on the ground of sex or religion be excluded 
from participation in, be denied the benefits of, or be subject to 
discrimination under, any program or activity funded in whole or in 
part through FVPSA. FVPSA grantees must provide comparable services to 
victims regardless of sex or gender. This includes not only providing 
access to services for male victims of family, domestic, and dating 
violence, but also making sure not to limit services for victims with 
adolescent sons (up to the

[[Page 61910]]

age of majority). Victims and their adolescent sons must be sheltered 
or housed together unless requested otherwise or unless the factors or 
considerations identified in the paragraph directly below require an 
exception to this general rule.
    (b) However, no such program or activity is required to include an 
individual in such program or activity without taking into 
consideration that individual's sex in those certain instances where 
sex is a bona fide occupational qualification or a programmatic factor 
reasonably necessary to the essential or safe operation of that 
particular program or activity. If a shelter can reasonably separate 
the sexes in a manner which allows for single sex bedrooms and 
bathrooms and the essential and safe operation of the particular 
program is not substantially compromised, it is reasonable to provide 
such separation. If the essential or safe operation of the program or 
activity would be substantially compromised, alternative, equivalent 
shelter and services should be offered as practicable. Adult male 
victims should be offered hotel placements and provided supportive 
services at the shelter if shelter space is not available or if it is 
otherwise determined that the operation of the program or activity 
would be substantially compromised. Victims' adolescent male sons, as 
previously discussed must be housed with the abused parent seeking 
shelter or services unless otherwise requested, or unless there are 
specific, individual factors or circumstances, that by placing a victim 
in shelter with their son substantially compromise the essential or 
safe operations of the program.
    (c) LGBTQ individuals must have access to FVPSA-funded shelter and 
nonresidential programs. Programmatic accessibility for LGBTQ survivors 
must be afforded to meet individual needs like those provided to all 
other survivors. For the purpose of assigning a beneficiary to sex-
segregated or sex-specific services, the recipient should ask a 
transgender beneficiary which group or services the beneficiary wishes 
to join. The recipient may not, however, ask questions about the 
beneficiary's anatomy or medical history or make demands for identity 
documents. ACF requires that a FVPSA grantee, subgrantee, contractor, 
or vendor that makes decisions about eligibility for or placement into 
single-sex emergency shelters or other facilities will place a 
potential victim (or current victim/client seeking a new assignment) in 
a shelter or other appropriate placement that corresponds to the gender 
with which the person identifies, taking health and safety concerns 
into consideration. A victim's/client's or potential victim's/client's 
own views with respect to personal health and safety must be given 
serious consideration in making the placement. For instance, if the 
potential victim/client requests to be placed based on his or her sex 
assigned at birth, ACF requires that the provider will place the 
individual in accordance with that request, consistent with health, 
safety, and privacy concerns. ACF also requires that a provider will 
not make an assignment or re-assignment based on complaints of another 
person when the sole stated basis of the complaint is a victim/client 
or potential victim/client's non-conformance with gender stereotypes.
    (d) With respect to religion, religious beliefs or religious 
practices shall not be imposed on program recipients. Dietary practices 
dictated by particular religious beliefs may require some reasonable 
accommodation in cooking or feeding arrangements for particular clients 
as practicable. Finally, human trafficking victims may receive FVPSA-
funded services as long as victims of domestic and intimate partner 
violence are prioritized first by FVPSA grantees.
    (e) State and Tribal Formula grant-funded services must be provided 
without requiring documentation for eligibility given the multiple 
access barriers faced by battered immigrants.
    (f) All requirements in this section shall not be construed as 
affecting any legal remedy provided under any other provision of law. 
The Secretary shall enforce the provisions of all requirements in this 
section in accordance with section 602 of the Civil Rights Act of 1964 
(42 U.S.C. 2000d-1). Section 603 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d-2) shall apply with respect to any action taken by the 
Secretary to enforce this section.
    (g) No condition may be imposed by grantees or subgrantees for the 
receipt of emergency shelter, unless a State imposes a legal 
requirement to protect the safety and welfare of all shelter residents, 
and receipt of all supportive services shall be voluntary. Nothing in 
this requirement prohibits shelter operators from preventing violence 
or abuse or securing the safety of all shelter residents. In the case 
of an apparent conflict with State or Federal laws, case-by-case 
determinations will be made.


Sec.  1370.6  What requirements for reports and evaluations apply to 
these programs?

    Each entity receiving a grant or contract under these programs 
shall submit a performance report to the Secretary at such time as 
required by the Secretary. Such performance report shall describe the 
activities that have been carried out, contain an evaluation of the 
effectiveness of such activities, and provide such additional 
information as the Secretary may require. American Samoa, the 
Commonwealth of the Northern Mariana Islands, Guam, and the U.S. Virgin 
Islands are required to report directly to the Division of Family 
Violence Prevention and Services within FYSB and follow all reporting 
requirements applicable to States, Puerto Rico, and the District of 
Columbia, unless otherwise communicated to grantees. These requirements 
supplement, and do not replace the Territorial reporting requirements 
of the ACF Office of Community Services in its administration of the 
Consolidated Block Grants as part of the Social Services Block Grant 
program.
0
3. Add subpart B, consisting of Sec.  1370.10, to read as follows:

Subpart B--State and Indian Tribal Grants


Sec.  1370.10  What additional requirements apply to State and Indian 
Tribal grants?

    (a) These grants assist States and Tribes to support the 
establishment, maintenance, and expansion of programs and projects to 
prevent incidents of family violence, domestic violence, and dating 
violence; to provide immediate shelter, supportive services, and access 
to community-based programs for victims of family violence, domestic 
violence, or dating violence, and their dependents; and to provide 
specialized services for children exposed to family violence, domestic 
violence, or dating violence, under-served populations, and victims who 
are members of racial and ethnic minority populations. States must 
consult with and provide for the participation of State and Tribal 
Domestic Violence Coalitions in the planning and monitoring of the 
distribution and administration of subgrant programs and projects. 
Tribes should be involved in these processes where appropriate but this 
rule is not intended to encroach upon Tribal sovereignty. States and 
Tribes must involve community-based organizations that primarily serve 
culturally specific, underserved communities and to determine how such 
organizations can assist the States and Tribes in serving the unmet 
needs of the underserved community. States also must consult with and 
provide for the participation of State and Tribal Domestic Violence 
Coalitions in State planning and coordinate such planning

[[Page 61911]]

with needs assessments to identify service gaps or problems and develop 
appropriate responsive plans and programs. Similar processes for Tribes 
and Coalitions that support coordination and collaboration are expected 
when feasible and appropriate with deference to Tribal sovereignty as 
previously indicated.
    (b) A State application must be submitted by the Chief Executive of 
the State and signed by the Chief Executive Officer or the Chief 
Program Official designated as responsible for the administration of 
FVPSA. Each application must contain the following information or 
documentation:
    (1) The name of the State agency, the name and contact information 
for the Chief Program Official designated as responsible for the 
administration of funds under FVPSA and coordination of related 
programs within the State, and the name and contact information for a 
contact person if different from the Chief Program Official.
    (2) A plan describing in detail how the needs of underserved 
populations will be met, including:
    (i) Identification of which populations in the State are 
underserved, a description of those that are being targeted for 
outreach and services, and a brief explanation of why those populations 
were selected to receive outreach and services, including how often the 
State revisits the identification and selection of the populations to 
be served with FVPSA funding. States must review their State 
demographics at least every three years or explain why this process in 
unnecessary;
    (ii) A description of the outreach plan, including the domestic 
violence training to be provided, the means for providing technical 
assistance and support, and the leadership role played by those 
representing and serving the underserved populations in question;
    (iii) A description of the specific services to be provided or 
enhanced, such as new shelters or services, improved access to shelters 
or services, or new services for underserved populations such as 
victims from communities of color, immigrant victims, victims with 
disabilities, or older individuals; and
    (iv) A description of the public information component of the 
State's outreach program, including the elements of the program that 
are used to explain domestic violence, the most effective and safe ways 
to seek help, and tools to identify available resources.
    (3) A description of the process and procedures used to involve the 
State Domestic Violence Coalition, knowledgeable individuals, and 
interested organizations, including those serving or representing 
underserved communities in the State planning process.
    (4) Documentation of planning, consultation with and participation 
of the State Domestic Violence Coalition in the administration and 
distribution of FVPSA programs, projects, and grant funds awarded to 
the State.
    (5) A description of the procedures used to assure an equitable 
distribution of grants and grant funds within the State and between 
urban and rural areas, as defined by the Census Bureau, within the 
State. The plan should describe how funding processes and allocations 
will address the needs of the underserved, racial and ethnic minorities 
including Tribal populations, and people with disabilities and their 
families, with an emphasis on funding organizations that can meet 
unique needs including culturally relevant and linguistically 
appropriate services. Other Federal, State, local, and private funds 
may be considered in determining compliance.
    (6) A description of how the State plans to use the grant funds 
including a State plan developed in consultation with State and Tribal 
Domestic Violence Coalitions and representatives of underserved and 
culturally specific communities; a description of the target 
populations; of the number of shelters to be funded; of the number of 
non-residential programs to be funded; of the services the State will 
provide; and of the expected results from the use of the grant funds. 
To fulfill these requirements, it is critically important that States 
work with Coalitions and Tribes to solicit their feedback on program 
effectiveness which may include recommendations such as establishing 
program standards and participating in program monitoring.
    (7) A copy of the law or procedures, such as a process for 
obtaining an order of protection that the State has implemented for the 
eviction of an abusive spouse or other intimate, domestic, or dating 
partner from a shared household or residence. This requirement includes 
family violence, domestic violence, and dating violence.
    (8) An assurance that not less than 70 percent of the funds 
distributed by a State to sub-recipients shall be distributed to 
entities for the primary purpose of providing immediate shelter and 
supportive services to adult and youth victims of family violence, 
domestic violence, or dating violence, and their dependents, and that 
not less than 25 percent of the funds distributed by a State to sub-
recipients shall be distributed to entities for the purpose of 
providing supportive services and prevention services (these 
percentages may overlap with respect to supportive services but are not 
included in the 5 percent cap applicable to State administrative 
costs). No grant shall be made under this section to an entity other 
than a State unless the entity agrees that, with respect to the costs 
to be incurred by the entity in carrying out the program or project for 
which the grant is awarded, the entity will make available (directly or 
through donations from public or private entities) non-Federal 
contributions in an amount that is not less than $1 for every $5 of 
Federal funds provided under the grant. The non-Federal contributions 
required under this paragraph may be in cash or in kind.
    (9) Documentation of policies, procedures and protocols that ensure 
individual identifiers of client records will not be used when 
providing statistical data on program activities and program services 
or in the course of grant monitoring, that the confidentiality of 
records pertaining to any individual provided family violence 
prevention or intervention services by any program or entity supported 
under the FVPSA will be strictly maintained, and the address or 
location of any shelter supported under the FVPSA will not be made 
public without the written authorization of the person or persons 
responsible for the operation of such shelter; and
    (10) Such additional agreements, assurances, and information, in 
such form, and submitted in such manner as the Funding Opportunity 
Announcement and related program guidance prescribe.
    (c) An application from a Tribe or Tribal Organization must be 
submitted by the Chief Executive Officer or Tribal Chairperson of the 
applicant organization. Each application must contain the following 
information or documentation:
    (1) A copy of a current Tribal resolution or an equivalent document 
that verifies Tribal approval of the application being submitted. The 
resolution or other document should state 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 pursuant to the FVPSA. The resolution or 
equivalent document must specify the name(s) of the Tribe(s) 
represented and the service area for the intended grant services. If 
Tribal resolutions are the vehicles to support applications from Tribal 
Consortia or other joint Tribal

[[Page 61912]]

applications, a representative from each Tribe must sign the 
application.
    (2) A description of the procedures designed to involve 
knowledgeable individuals and interested organizations in providing 
services under the FVPSA. 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 Tribal or State 
Domestic Violence Coalitions, and operators of domestic violence 
shelters and service programs.
    (3) 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:
    (i) The current operation of a shelter, safe house, or domestic 
violence prevention program;
    (ii) 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 and intervention activities or 
services; or
    (iii) The operation of social services programs as evidenced by 
receipt of grants or contracts awarded under Indian Child Welfare 
grants from the Bureau of Indian Affairs; 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.
    (4) 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.
    (5) Documentation of the law or procedure which has been 
implemented for the eviction of an abusing spouse or other intimate, 
domestic, or dating partner from a shared household or residence.
    (6) Documentation of the policies and procedures developed and 
implemented, including copies of the policies and procedures, to ensure 
that individual identifiers of client records will not be used when 
providing statistical data on program activities and program services 
or in the course of grant monitoring and that the confidentiality of 
records pertaining to any individual provided domestic violence 
prevention or intervention services by any FVPSA-supported program will 
be strictly maintained.
    (7) Such agreements, assurances, and information, in such form, and 
submitted in such manner as the Funding Opportunity Announcement and 
related program guidance prescribe.
0
4. Add subpart C, consisting of Sec.  1370.20, to read as follows:

Subpart C--State Domestic Violence Coalition Grants


Sec.  1370.20  What additional requirements apply to State Domestic 
Violence Coalitions?

    (a) State Domestic Violence Coalitions reflect a Federal commitment 
to reducing domestic violence; to urge States, localities, cities, and 
the private sector to become involved in State and local planning 
towards an integrated service delivery approach that meets the needs of 
all victims, including those in underserved communities; to provide for 
technical assistance and training relating to domestic violence 
programs; and to increase public awareness about and prevention of 
domestic violence and increase the quality and availability of shelter 
and supportive services for victims of domestic violence and their 
dependents.
    (b) To be eligible to receive a grant under this section, an 
organization shall be a statewide, non-governmental, non-profit 
501(c)(3) domestic violence Coalition, designated as such by the 
Department. To obtain this designation the organization must meet the 
following criteria:
    (1) The membership must include representatives from a majority of 
the primary-purpose programs for victims of domestic violence operating 
within the State (a Coalition also 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 must be representative, 
though not exclusively composed, of such programs, and may include 
representatives of communities in which the services are being provided 
in the State;
    (3) Financial sustainability of Coalitions, as independent, 
autonomous non-profit organizations, also must be supported by their 
membership, including those member representatives on the Coalitions' 
Boards of Directors;
    (4) The purpose of the Coalition must be to provide services, 
community education, and technical assistance to domestic violence 
programs in order to establish and maintain shelter and supportive 
services for victims of domestic violence and their children.
    (c) To apply for a grant under this section, an organization shall 
submit an annual application that:
    (1) Includes a complete description of the applicant's plan for the 
operation of a State Domestic Violence Coalition, including 
documentation that the Coalition's work will demonstrate the ability to 
conduct appropriately all activities described in this section. 
Demonstrated ability or capacity may include but is not limited to: 
Identifying successful efforts that support child welfare agencies' 
identification and support of victims during intake processes; creation 
of membership standards that enhance victim safety and fully require 
training and technical assistance for compliance with federal housing, 
disability, and sex discrimination laws and regulations; and, training 
judicial personnel on trauma-informed courtroom practice. Coalitions 
must also have documented experience in administering Federal grants to 
conduct the activities of a Coalition or a documented history of active 
participation in:
    (i) Working with local family violence, domestic violence, and 
dating violence service programs and providers of direct services to 
encourage appropriate and comprehensive responses to family violence, 
domestic violence, and dating violence against adults or youth within 
the State involved, including providing training and technical 
assistance and conducting State needs assessments and participate in 
planning and monitoring of the distribution of subgrants within the 
States and in the administration of grant programs and projects;
    (ii) In conducting needs assessments, Coalitions and States must 
work in partnership on the statutorily required FVPSA State planning 
process to involve representatives from underserved and racial and 
ethnic minority populations to plan, assess and voice the needs of the 
communities they represent. Coalitions will assist States in 
identifying underrepresented communities and culturally-specific 
community based organizations in State planning and to work with States 
to unify planning and needs assessment efforts so that comprehensive 
and culturally-specific services are provided. The inclusion of the 
populations targeted will emphasize building the capacity of 
culturally-specific services and programs.
    (iii) Working in collaboration with service providers and 
community-based organizations to address the needs of family violence, 
domestic violence, and dating violence victims, and their dependents, 
who are members of racial and ethnic minority populations and 
underserved populations;
    (iv) Collaborating with and providing information to entities in 
such fields as housing, health care, mental health,

[[Page 61913]]

social welfare, or business to support the development and 
implementation of effective policies, protocols, and programs that 
address the safety and support needs of adult and youth victims of 
family violence, domestic violence, or dating violence;
    (v) Encouraging appropriate responses to cases of family violence, 
domestic violence, or dating violence against adults or youth, 
including by working with judicial and law enforcement agencies;
    (vi) Working with family law judges, criminal court judges, child 
protective service agencies, and children's advocates to develop 
appropriate responses to child custody and visitation issues in cases 
of child exposure to family violence, domestic violence, or dating 
violence and in cases in which family violence, domestic violence, or 
dating violence is present and child abuse is present;
    (vii) Working with protection and advocacy systems, and aging and 
disability systems to develop appropriate responses for older 
individuals and individuals with disabilities;
    (viii) Providing information to the public about prevention of 
family violence, domestic violence, and dating violence, including 
information targeted to underserved populations; and
    (ix) Collaborating with Indian Tribes and Tribal organizations (and 
corresponding Native Hawaiian groups or communities) to address the 
needs of Indian (including Alaska Native) and Native Hawaiian victims 
of family violence, domestic violence, or dating violence, as 
applicable in the State;
    (2) Contains such agreements, assurances, and information, in such 
form, and submitted in such manner as the Funding Opportunity 
Announcement and related program guidance prescribe.
    (d) Nothing in this section limits the ability of a Coalition to 
use non-Federal or other Federal funding sources to conduct required 
functions, provided that if the Coalition uses funds received under 
section 2001(c)(1) of the Omnibus Crime Control and Safe Streets Act of 
1968 to perform the functions described in FVPSA section 311(e) in lieu 
of funds provided under the FVPSA, it shall provide an annual assurance 
to the Secretary that it is using such funds, and that it is 
coordinating the activities conducted under this section with those of 
the State's activities under Part T of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968.
    (e) In cases in which two or more organizations seek designation, 
the designation of each State's individual Coalition is within the 
exclusive discretion of HHS. HHS will determine which applicant best 
fits statutory criteria, with particular attention paid to the 
applicant's documented history of effective work, support of primary-
purpose programs and programs that serve racial and ethnic minority 
populations and underserved populations, coordination and collaboration 
with the State government, and capacity to accomplish the FVPSA 
mandated role of a Coalition.
    (f) Regarding FVPSA funding, in cases where a Coalition financially 
or otherwise dissolves, the designation of a new Coalition is within 
the exclusive discretion of HHS. HHS will work with domestic violence 
service providers, community stakeholders, State leaders, and 
representatives of underserved and culturally specific communities to 
identify an existing organization that can serve as the Coalition or to 
develop a new organization. The new Coalition must reapply for 
designation and funding following steps determined by the Secretary. 
HHS will determine whether the applicant fits the statutory criteria, 
with particular attention paid to the applicant's documented history of 
effective work, support of primary-purpose programs and programs that 
serve racial and ethnic minority populations and undeserved 
communities, coordination and collaboration with the State government, 
and capacity to accomplish the FVPSA mandated role of a Coalition.
0
5. Add Subpart D to read as follows:

Subpart D--Discretionary Grants and Contracts

Sec.
1370.30 What National Resource Centers and Training and Technical 
Assistance grant programs are available and what requirements apply?
1370.31 What additional requirements apply to specialized services 
for abused parents and their children?
1370.32 What additional requirements apply to National Domestic 
Violence Hotline grants?


Sec.  1370.30  What National Resource Center and Training and Technical 
Assistance grant programs are available and what additional 
requirements apply?

    (a) These grants are to provide resource information, training, and 
technical assistance to improve the capacity of individuals, 
organizations, governmental entities, and communities to prevent family 
violence, domestic violence, and dating violence and to provide 
effective intervention services. They fund national, special issue, and 
culturally-specific resource centers addressing key areas of domestic 
violence intervention and prevention, and may include State resource 
centers to reduce disparities in domestic violence in States with high 
proportions of Native American (including Alaska Native or Native 
Hawaiian) populations and to support training and technical assistance 
that address emerging issues related to family violence, domestic 
violence, or dating violence, to entities demonstrating expertise in 
these areas. Grants may be made for:
    (1) A National Resource Center on Domestic Violence which will 
conduct the following activities:
    (i) Offer a comprehensive array of technical assistance and 
training resources to Federal, State, and local governmental agencies, 
domestic violence service providers, community-based organizations, and 
other professionals and interested parties, related to domestic 
violence service programs and research, including programs and research 
related to victims and their children who are exposed to domestic 
violence as well as older individuals and those with disabilities; and
    (ii) Maintain a central resource library in order to collect, 
prepare, analyze, and disseminate information and statistics related to 
the incidence and prevention of family violence and domestic violence; 
and the provision of shelter, supportive services, and prevention 
services to adult and youth victims of domestic violence (including 
services to prevent repeated incidents of violence).
    (2) A National Indian Resource Center Addressing Domestic Violence 
and Safety for Indian Women which will conduct the following 
activities:
    (i) Offer a comprehensive array of technical assistance and 
training resources to Indian Tribes and Tribal organizations, 
specifically designed to enhance the capacity of the Tribes and Tribal 
organizations to respond to domestic violence and increase the safety 
of Indian women; and
    (ii) Enhance the intervention and prevention efforts of Indian 
Tribes and Tribal organizations to respond to domestic violence and 
increase the safety of Indian women, and
    (iii) To coordinate activities with other Federal agencies, 
offices, and grantees that address the needs of American Indians, 
Alaska Natives, and Native Hawaiians that experience domestic violence.
    (3) Special issue resource centers to provide national information, 
training, and technical assistance to State and local domestic violence 
service providers. Each special issue resource center shall focus on 
enhancing domestic violence intervention and

[[Page 61914]]

prevention efforts in at least one of the following areas:
    (i) Response of the criminal and civil justice systems to domestic 
violence victims, which may include the response to the use of the 
self-defense plea by domestic violence victims and the issuance and use 
of protective orders;
    (ii) Response of child protective service agencies to victims of 
domestic violence and their dependents and child custody issues in 
domestic violence cases;
    (iii) Response of the interdisciplinary health care system to 
victims of domestic violence and access to health care resources for 
victims of domestic violence;
    (iv) Response of mental health systems, domestic violence service 
programs, and other related systems and programs to victims of domestic 
violence and to their children who are exposed to domestic violence.
    (4) Culturally-Specific Special Issue Resource Centers enhance 
domestic violence intervention and prevention efforts for victims of 
domestic violence who are members of racial and ethnic minority groups, 
to enhance the cultural and linguistic relevancy of service delivery, 
resource utilization, policy, research, technical assistance, community 
education, and prevention initiatives.
    (5) State resource centers to provide statewide information, 
training, and technical assistance to Indian Tribes, Tribal 
organizations, and local domestic violence service organizations 
serving Native Americans (including Alaska Natives and Native 
Hawaiians) in a culturally sensitive and relevant manner. These centers 
shall:
    (i) Offer a comprehensive array of technical assistance and 
training resources to Indian Tribes, Tribal organizations, and 
providers of services to Native Americans (including Alaska Natives and 
Native Hawaiians) specifically designed to enhance the capacity of the 
Tribes, organizations, and providers to respond to domestic violence;
    (ii) Coordinate all projects and activities with the National 
Indian Resource Center Addressing Domestic Violence and Safety for 
Indian Women, including projects and activities that involve working 
with State and local governments to enhance their capacity to 
understand the unique needs of Native Americans (including Alaska 
Natives and Native Hawaiians); and
    (iii) Provide comprehensive community education and domestic 
violence prevention initiatives in a culturally sensitive and relevant 
manner.
    (iv) Be located in a State with high proportions of Indian or 
Native Hawaiian populations. Eligible entities shall be located in a 
State in which the population of Indians (including Alaska Natives) and 
Native Hawaiians exceeds 10 percent of the total population of the 
State; or, be an Indian tribe, Tribal organization or a Native Hawaiian 
organization that focuses primarily on issues of domestic violence 
among Indians or Native Hawaiians; or, be an institution of higher 
education; and, demonstrate the ability to serve all regions of the 
State, including underdeveloped areas and areas that are geographically 
distant from population centers. Additionally, eligible entities shall 
offer training and technical assistance and capacity-building resources 
in States where the population of Indians (including Alaska Natives) 
and Native Hawaiians exceeds 2.5 percent of the total population of the 
State.
    (6) Other discretionary purposes to support training and technical 
assistance that address emerging issues related to family violence, 
domestic violence, or dating violence, to entities demonstrating 
related experience.
    (b) To receive a grant under any part of this section, an entity 
shall submit an application that shall meet such eligibility standards 
as are prescribed in the FVPSA and contains such agreements, 
assurances, and information, in such form, and submitted in such manner 
as the Funding Opportunity Announcement and related program guidance 
prescribe.
    (c) Grant recipients are required to comply with Title VI of the 
Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 
1973. To effectuate such compliance, grant recipients should create a 
plan to ensure effective communication and meaningful access, 
including:
    (1) How to respond to individuals with Limited English Proficiency, 
and how to use appropriate interpretation and translation services, 
including best practices for using taglines. Taglines are short 
statements in non-English languages informing persons who are Limited 
English Proficient on how to access language assistance services.
    (2) How to respond to individuals with communication-related 
disabilities and how to provide appropriate auxiliary aids and 
services, including qualified interpreters and information in alternate 
formats, to people with disabilities.


Sec.  1370.31  What additional requirements apply to grants for 
specialized services for abused parents and their children?

    (a) These grants serve to expand the capacity of family violence, 
domestic violence, and dating violence service programs and community-
based programs to prevent future domestic violence by addressing, in an 
appropriate manner, the needs of children exposed to family violence, 
domestic violence, or dating violence. To be eligible an entity must be 
a local agency, a nonprofit private organization (including faith-based 
and charitable organizations, community-based organizations, and 
voluntary associations), or a Tribal organization, with a demonstrated 
record of serving victims of family violence, domestic violence, or 
dating violence and their children.
    (b) To be eligible to receive a grant under this section, an entity 
shall submit an application that:
    (1) Includes a complete description of the applicant's plan for 
providing specialized services for abused parents and their children, 
including descriptions of:
    (i) How the entity will prioritize the safety of, and 
confidentiality of information about victims of family violence, 
victims of domestic violence, and victims of dating violence and their 
children;
    (ii) How the entity will provide developmentally appropriate and 
age-appropriate services, and culturally and linguistically appropriate 
services, to the victims and children; and
    (iii) How the entity will ensure that professionals working with 
the children receive the training and technical assistance appropriate 
and relevant to the unique needs of children exposed to family 
violence, domestic violence, or dating violence.
    (2) Demonstrates that the applicant has the ability to provide 
direct counseling, appropriate service, and advocacy on behalf of 
victims of family violence, domestic violence, or dating violence and 
their children, including coordination with services provided by the 
child welfare system;
    (3) Demonstrates that the applicant can effectively provide 
services for nonabusing parents to support those parents' roles as 
caregivers and their roles in responding to the social, emotional, and 
developmental needs of their children;
    (c) Eligible applicants may use funds under a grant pursuant to 
this section that:
    (1) Demonstrates a capacity to provide early childhood development 
and mental health services;

[[Page 61915]]

    (2) Shows the ability to coordinate activities with and provide 
technical assistance to community-based organizations serving victims 
of family violence, domestic violence, or dating violence or children 
exposed to family violence, domestic violence, or dating violence; and
    (3) Shows the capacity to provide additional services and referrals 
to services for children, including child care, transportation, 
educational support, respite care, supervised visitation, or other 
necessary services; and
    (4) Contains such agreements, assurances, and information, in such 
form, and submitted in such manner as the Funding Opportunity 
Announcement and related program guidance prescribe.
    (d) If Congressional appropriations in any fiscal year for the 
entirety of programs covered in this part (exclusive of the National 
Domestic Violence Hotline which receives a separate appropriation) 
exceed $130 million, not less than 25 percent of such excess funds 
shall be made available to carry out this grant program. If 
appropriations reach this threshold, HHS will specify funding levels in 
future Funding Opportunity Announcements.


Sec.  1370.32  What additional requirements apply to National Domestic 
Violence Hotline grants?

    (a) These grants are for one or more private entities to provide 
for the ongoing operation of a 24-hour, national, toll-free telephone 
hotline to provide information and assistance to adult and youth 
victims of family violence, domestic violence, or dating violence, 
family and household members of such victims, and persons affected by 
the victimization.
    (b) Telephone is defined as a communications device that permits 
two or more callers or users to engage in transmitted analog, digital, 
short message service (SMS), cellular/wireless, laser, cable/broadband, 
internet, voice-over internet protocol (IP) or other communications, 
including telephone, smartphone, chat, text, voice recognition, or 
other technological means which connects callers or users together.
    (c) To be eligible to receive a grant under this section, an entity 
shall submit an application that:
    (1) Includes a complete description of the applicant's plan for the 
operation of a national domestic violence telephone hotline, including 
descriptions of:
    (i) The training program for hotline personnel, including 
technology training to ensure that all persons affiliated with the 
hotline are able to effectively operate any technological systems used 
by the hotline, and are familiar with effective communication and 
meaningful access requirements, to ensure access for all, including 
people who are Limited English Proficient and people with disabilities;
    (ii) The hiring criteria and qualifications for hotline personnel;
    (iii) The methods for the creation, maintenance, and updating of a 
resource database;
    (iv) A plan for publicizing the availability of the hotline;
    (v) A plan for providing service to Limited English Proficient 
callers, including service through hotline personnel who are qualified 
to interpret in non-English languages;
    (vi) A plan for facilitating access to the hotline by persons with 
disabilities, including persons with hearing impairments; and
    (vii) A plan for providing assistance and referrals to youth 
victims of domestic violence and for victims of dating violence who are 
minors, which may be carried out through a national teen dating 
violence hotline.
    (2) Demonstrates that the applicant has recognized expertise in the 
area of family violence, domestic violence, or dating violence and a 
record of high quality service to victims of family violence, domestic 
violence, or dating violence, including a demonstration of support from 
advocacy groups and State Domestic Violence Coalitions;
    (3) Demonstrates that the applicant has the capacity and the 
expertise to maintain a domestic violence hotline and a comprehensive 
database of service providers;
    (4) Demonstrates the ability to provide information and referrals 
for callers, directly connect callers to service providers, and employ 
crisis interventions meeting the standards of family violence, domestic 
violence, and dating violence providers;
    (5) Demonstrates that the applicant has a commitment to diversity 
and to the provision of services to underserved populations, including 
to ethnic, racial, and Limited English Proficient individuals, in 
addition to older individuals and individuals with disabilities;
    (6) Demonstrates that the applicant follows comprehensive quality 
assurance practices; and
    (7) Contains such agreements, information, and assurances, 
including nondisclosure of confidential or private information, in such 
form, and submitted in such manner as the Funding Opportunity 
Announcement and related program guidance prescribe.
    (d) The entity receiving a grant under this section shall submit a 
performance report to the Secretary at such time as reasonably required 
by the Secretary that shall describe the activities that have been 
carried out with grant funds, contain an evaluation of the 
effectiveness of such activities, and provide additional information as 
the Secretary may reasonably require.

[FR Doc. 2015-25726 Filed 10-9-15; 8:45 am]
BILLING CODE 4184-01-P