[Federal Register: April 15, 2003 (Volume 68, Number 72)]
[Notices]
[Page 18214-18229]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap03-80]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
[Program Announcement No. 02-03]
Family Violence Prevention and Services Program
AGENCY: Office of Community Services (OCS), Administration for Children
and Families (ACF), Department of Health and Human Services (DHHS).
ACTION: Notice of the availability of funding to States, Native
American tribes, and tribal organizations for Family Violence
Prevention and Services.
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SUMMARY: This announcement governs the proposed award of formula grants
under the Family Violence Prevention and Services Act to States
(including Territories and Insular Areas) and Native American tribes
and tribal organizations. The purpose of these grants is to assist
States and tribes in establishing, maintaining, and expanding programs
and projects to prevent domestic violence and to provide immediate
shelter and related assistance for victims of domestic violence and
their dependents.
This announcement sets forth the application requirements, the
application process, and other administrative and fiscal requirements
for grants in fiscal year (FY) 2003.
Closing Dates and Applications
The closing time and date for receipt of applications is 4:30 p.m.
(eastern time zone) on May 15, 2003.
Deadline: Mailed applications shall be considered as meeting an
announced deadline if they are received on or before the deadline time
and date at the Office of Community Services, Administration for
Children and Families (ACF), Attention: James W. Gray, Ph.D., 5th
Floor, West Wing, 370 L'Enfant Promenade, SW., Washington, DC 20447.
ADDRESSES: Applications should be sent to the Department of Health and
Human Services, Office of Community Services, Administration for
Children and Families, Attention: James W. Gray, Ph.D., 5th Floor, West
Wing, 370 L'Enfant Promenade, SW., Washington, DC 20447.
FOR FURTHER INFORMATION CONTACT: William D. Riley (202) 401-5529, James
W. Gray (202) 401-5705, or Sunni L. Knight (202) 401-5319, Joseph
Lonergan, Director, Division of Mandatory Grants.
Part I. Background Information: Reducing Family and Intimate Violence
Through Coordinated Prevention and Services Strategies
The Importance of Coordination of Services
Family and intimate violence has serious and far-reaching
consequences for individuals, families, and communities. Estimates from
the Department of Justice National Crime Victimization Survey (NCVS)
indicate that, in 1998, about 1 million violent crimes were committed
against persons by their current or former spouses, boyfriends, or
girlfriends. Such crimes termed intimate partner violence are committed
primarily against women. It is important to note that, regardless of
the demographic characteristics considered, women experienced intimate
partner violence at higher rates than men between 1993 and 1998 (Bureau
of Justice Statistics 2000).
The impact of family and intimate violence includes physical injury
and
[[Page 18215]]
death of primary or secondary victims, psychological trauma, isolation
from family and friends, harm to children witnessing or experiencing
violence in homes, in which the violence occurs, increased fear,
reduced mobility and employability, homelessness, substance abuse, and
a host of other health and related mental health consequences.
It is estimated that between 12 percent and 35 percent of women
visiting emergency rooms with injuries are there because of battering.
Estimates of the number of women who are homeless because of battering
range from 27 percent to 41 percent to 63 percent of all homeless
women. The significant correlation between domestic violence and child
abuse, and the use of welfare by battered women as an ``economic escape
route'' also suggest the need to coordinate domestic violence
intervention activities with those addressing child abuse and the
welfare program under the Temporary Assistance for Needy Families
(TANF) program at the State and local levels.
When programs that seek to address these issues operate
independently of each other, a fragmented, and consequently less
effective, service delivery and prevention system may result.
Coordination and collaboration among the police, prosecutors, the
courts, victim services providers, child welfare and family
preservation services, faith and community-based organizations, and
medical and mental health service providers is needed to provide more
responsive and effective services to victims of domestic violence and
their families. It is essential that all interested parties be involved
in the design and improvement of intervention and prevention
activities.
To help bring about a more effective response to the problem of
domestic violence, the Department of Health and Human Services urges
State and Native American tribes receiving funds under this grant
announcement to coordinate activities funded under this grant with
other new and existing resources for the prevention of family and
intimate violence and related issues.
Part II. General Programmatic and Funding Information
A. Background
Title III of the Child Abuse Amendments of 1984 (Pub. L. 98-457, 42
U.S.C. 10401 et seq.) is entitled the ``Family Violence Prevention and
Services Act'' (the Act). The Act was first implemented in FY 1986,
reauthorized and amended in 1992 by Pub. L. 102-295, in 1994 by Pub. L.
103-322, the Violent Crime Control and Law Enforcement Act, and in 1996
by Pub. L. 104-235, the Child Abuse Prevention and Treatment Act
(CAPTA) of 1996. The Act was most recently amended by the ``Victims of
Trafficking and Violence Protection Act'' (Pub. L. 106-386, October 28,
2000).
The purpose of this legislation is to assist States, Native
American tribes, and tribal organizations in supporting the
establishment, maintenance, and expansion of programs and projects to
prevent incidents of domestic violence and to provide immediate shelter
and related assistance for victims of domestic violence and their
dependents.
During FY 2002, 200 grants were awarded to States and Native
American tribes. The Department also awarded 53 family violence
prevention grants to nonprofit State domestic violence coalitions.
Additionally, the Department supports the National Resource Center
(NRC) for Domestic Violence and four Special Issue Resource Centers
(SIRCs). The SIRCs are the Battered Women's Justice Project, the
Resource Center on Child Custody and Protection, Sacred Circle Resource
Center for the Elimination of Domestic Violence Against Native Women
and the Health Resource Center on Domestic Violence. The purpose of the
NRC and the SIRCs is to provide resource information, training, and
technical assistance to Federal, State, and Native American agencies,
local domestic violence prevention programs, and other professionals
who provide services to victims of domestic violence.
In February 1996, the Department funded the national domestic
violence hotline to ensure that every woman has access to information
and emergency assistance wherever and whenever she needs it. The
national domestic violence hotline is a 24-hour, toll-free service,
which provides crisis assistance, counseling, and local shelter
referrals to women across the country. Hotline counselors are also
available for non-English speaking persons and for people who are
hearing-impaired. The hotline number is 1-800-799-SAFE; the TDD number
for the hearing impaired is 1-800-787-3224. As of June 30, 2002 the
National Domestic Violence Hotline has answered more than 700,000
calls.
B. Funds Available
Of the total appropriation for the Family Violence Prevention and
Services program for FY 2003, the Department of Health and Human
Services will allocate 70 percent to the designated State agencies
administering Family Violence Prevention and Services programs (section
310 (a)) of the Act. The Department will allocate 10 percent to the
tribes and tribal organizations for the establishment and operation of
shelters, safe houses, and the provision of related services (section
310 (a)) of the Act. Additionally, we will allocate 10 percent to the
State Domestic Violence Coalitions to continue their work within the
domestic violence community by providing technical assistance and
training, advocacy services with other local domestic violence
programs, and to encourage appropriate responses to domestic violence
within the States.
Five percent of our FY 2003 appropriation will be available to
continue the support for the National Resource Center and the four
Special Issue Resource Centers. The remaining five percent of the FY
2003 family violence prevention and services funding will be used to
support demonstration programs in the areas of training and technical
assistance, collaborative projects with advocacy organizations and
service providers, data collection efforts, public education
activities, and research and other demonstration activities at the
national level.
C. State Allocations
Family Violence grants to the States, the District of Columbia, and
the Commonwealth of Puerto Rico are based on a population formula. Each
State shall be allotted a base grant of $600,000. The remaining balance
of FVPSA funds are to be distributed according to the State population
ratio (this ratio reflects the States population to the total
populations of all States).
For the purpose of computing allotments, the statute provides that
Guam, American Samoa, the Virgin Islands, and the Northern Mariana
Islands will each receive grants of not less than one-eighth of one
percent of the amounts appropriated.
D. Native American Tribal Allocations
Of the funds available for FY 2003, the Department of Health and
Human Services will allocate ten percent for grants to Native American
Tribes. Native American Tribes and Tribal Organizations are eligible
for funding under this program if they meet the definition of such
entities as found in the Indian Self-Determination and Education
Assistance Act, 25 U.S.C. 450 b, and are able to demonstrate their
capacity to carry out a family violence prevention and services
program.
Any Native American tribe that believes it meets the above
eligibility criteria and should be included in the list of eligible
tribes should provide
[[Page 18216]]
supportive documentation in its application and a request for inclusion
(see Native American Tribal Application Requirements in part V).
In computing Native American tribal allocations, we will use the
latest available population figures from the Census Bureau. Where
Census Bureau data are unavailable, we will use figures from the Bureau
Indian Affairs Indian Population and Labor Force Report.
Because section 304 of the Act specifies a minimum base amount for
State allocations, we have set a base amount for Native American tribal
allocations. Since FY 1986, we have found in practice that the
establishment of a base amount has facilitated our efforts to make a
fair and equitable distribution of limited grant funds.
Native American tribes and tribal organizations that meet
application requirements are awarded base grants in amounts determined
by the following chart:
------------------------------------------------------------------------
Will receive a
Category number Tribal population base amount
of--
------------------------------------------------------------------------
1................................. 1-1,500............. $2,000
2................................. 1,501-3,000......... 3,500
3................................. 3,001-4,000......... 4,500
4................................. 4,001-5,000......... 5,500
5................................. 5,001-6,000......... 6,500
6................................. 6,001-7,000......... 7,500
7................................. 7,001-8,000......... 8,500
8................................. 8,001-9,000......... 9,500
9................................. 9,001-10,000........ 10,500
10................................ 10,001-12,000....... 13,000
11................................ 12.001-14,000....... 15,000
12................................ 14,001-16,000....... 17,000
13................................ 16,001-18,000....... 19,000
14................................ 18,001-20,000....... 21,000
15................................ 20,001-22,000....... 23,000
16................................ 22,001-24,000....... 25,000
17................................ 24,001-26,000....... 27,000
18................................ 26,001-28,000....... 29,000
19................................ 28,001-30,000....... 31,000
20................................ 30,001-32,000....... 33,000
21................................ 32,001-34,000....... 35,000
22................................ 34,001-36,000....... 37,000
23................................ 36,001-38,000....... 39,000
24................................ 38,001-40,000....... 41,000
25................................ 40,001-42,000....... 43,000
26................................ 42,001-44,000....... 45,000
27................................ 44,001-46,000....... 47,000
28................................ 46,001-48,000....... 49,000
29................................ 48,001-50,000....... 51,000
30................................ 50,001-100,000...... 125,000
31................................ 100,001-150,000..... 175,000
32................................ 150,001 and over.... 225,000
------------------------------------------------------------------------
Once the base amounts have been distributed to the tribes that have
applied for family violence funding, the ratio of the tribe's
population to the total population of all the applicant tribes is then
considered in allocating the remainder of the funds. By distributing a
proportional amount plus a base amount to the tribes we have accounted
for the variance in actual population and scope of the family violence
programs. As in previous years, tribes are encouraged to apply as
consortia for the family violence funding.
Part III. General Grant Requirements Applicable to States and Native
American Tribes
A. Definitions
States and Native American tribes should use the following
definitions in carrying out their programs. These definitions are found
in section 309 of the Family Violence Prevention and Services Act (the
Act).
(1) Family Violence: Any act or threatened act of violence,
including any forceful detention of an individual, which (a) results or
threatens to result in physical injury and (b) is committed by a person
against another individual (including an elderly person) to whom such
person is or was related by blood or marriage or otherwise legally
related or with whom such person is or was lawfully residing.
(2) Shelter: The provision of temporary refuge and related
assistance in compliance with applicable State law and regulation
governing the provision, on a regular basis, which includes shelter,
safe homes, meals, and related assistance to victims of family violence
and their dependents.
(3) Related assistance: The provision of direct assistance to
victims of family violence and their dependents for the purpose of
preventing further violence, helping such victims to gain access to
civil and criminal courts and other community services, facilitating
the efforts of such victims to make decisions concerning their lives in
the interest of safety, and assisting such victims in healing from the
effects of the violence. Related assistance includes:
(a) Services such as outreach and prevention services for victims
and their children, employment training, parenting and other
educational services for victims and their children, preventive health
services within domestic violence programs (including nutrition,
disease prevention, exercise, and prevention of substance abuse),
domestic violence prevention programs for school age children, family
violence public awareness campaigns, and violence prevention counseling
services to abusers; prevention services such as education on family
cohesion, marital stability, and conflict resolution; and valuing
individual choices made within the context of personal spirituality, to
include faith-based belief systems, and or tribal traditions.
(b) Counseling with respect to family violence, counseling or other
supportive services by peers individually or in groups, and referral to
community social services;
(c) Transportation, technical assistance with respect to obtaining
financial assistance under Federal and State programs, and referrals
for appropriate health-care services (including alcohol and drug abuse
treatment), but does not include reimbursement for any health-care
services;
(d) Legal advocacy to provide victims with information and
assistance through the civil and criminal courts, and legal assistance;
or
(e) Children's counseling and support services, and child care
services for children who are victims of family violence or the
dependents of such victims.
B. Expenditure Periods
The family violence prevention funds under the Act may be used for
obligations on and after October 1 of each fiscal year for which they
are granted, and will be available for expenditure through September 30
of the following fiscal year. This means that FY 2003 funds may be used
for obligations through September 30, 2004. Recipients must liquidate
all obligations incurred under the award by September 30, 2005.
The family violence prevention funds allotted to Native American
tribes and tribal organizations may be used on or after July 1 of each
fiscal year for which they are granted, and will be available through
June 30 of the following fiscal year. This means that FY 2003 funds may
be used for obligations through June 30, 2004. Recipients must
liquidate all obligations incurred under the award by June 30, 2005.
C. Reporting Requirements: Content Requirements of the State and Tribal
Performance Report
Section 303(a)(4) requires that States file a performance report
with the Department describing the activities carried out, and
including an assessment of the effectiveness of those activities in
achieving the purposes of the grant. A section of this performance
report must be completed by each grantee or subgrantee that performed
the direct services contemplated in the State's application certifying
performance of such services. State grantees should compile performance
reports into a comprehensive report for submission.
[[Page 18217]]
The Performance Report should include the following data elements
as well as narrative examples of success stories about the services
that were provided to victims and their dependents. Please note that
section 303 (a) (4) of the Family Violence Prevention and Services Act
(FVPS) also requires that the federal director of the FVPSA program
suspend funding for an approved application if an applicant fails to
submit an annual Performance Report. The Performance Report should
include the following data elements:
1. Funding--The total amount of the FVPSA grant funds awarded; the
percentage of funding used for shelters, and the percentage of funding
used for related services and assistance.
2. Shelters--The total number of shelters and shelter programs
(safe homes/motels, etc.) assisted by FVPSA program funding.
[sbull] The number of women sheltered.
[sbull] The number of shelters and safe houses in the State.
[sbull] The number of young children sheltered (birth-12 years of
age).
[sbull] The number of teenagers and young adults (13-21 years of
age).
[sbull] The number of men.
[sbull] The number of the elderly.
[sbull] The average length of stay.
[sbull] The number of women, children, teens, and others referred
to other shelters.
3. Types of individuals served including special populations.
Record information by numbers and percentages against the total
population served. Individuals and special populations served should
include:
[sbull] Racial identification.
[sbull] Cultural classification.
[sbull] Language (other than English).
[sbull] Women of color.
[sbull] And other special needs populations.
4. Related services and assistance. List the types of related
services and assistance provided to victims and their family members by
indicating the number of women, children, and men that have received
services. Services and assistance may include but are not limited to
the following:
[sbull] Individual counseling,
[sbull] Group counseling,
[sbull] Marital Counseling,
[sbull] Crisis intervention/hotline,
[sbull] Information and referral,
[sbull] Batterers support services,
[sbull] Legal advocacy services,
[sbull] Transportation,
[sbull] Services to teenagers,
[sbull] Child care,
[sbull] Training and technical assistance,
[sbull] Housing advocacy,
[sbull] Other innovative program activities.
5. Volunteers--List the total number of volunteers and hours
worked.
6. Identified Abuse--Indicate the number of women, children, and
men who were identified as victims of physical, sexual, and emotional
abuse.
7. Service referrals--List the number of women, children, and men
referred for the following services: (Note: If the individual was
identified as a batterer please indicate).
[sbull] Alcohol abuse,
[sbull] Drug abuse,
[sbull] Batterer intervention services,
[sbull] Abuse as a child,
[sbull] Witnessed abuse,
[sbull] Emergency medical intervention,
[sbull] Law enforcement intervention.
8. The performance report should include narratives of success
stories about services provided and the positive impact on the lives of
children and families. Examples may include the following:
[sbull] An explanation of the activities carried out including an
assessment of the major activities supported by the family violence
funds, what particular priorities within the State, tribe, or tribal
organization were addressed, and what special emphases were placed on
these activities;
[sbull] A description of the specific services and facilities that
your agency funded, contracted with, or otherwise used in the
implementation of your program (e.g., shelters, safehouses, related
assistance, programs for batterers);
[sbull] An assessment of the effectiveness of the direct service
activities contemplated in the application;
[sbull] A description of how the needs of under-served populations,
including populations under-served because of ethnic, racial, cultural,
language diversity, or geographic isolation were addressed, and
[sbull] A description and assessment of the prevention activities
supported during the program year, e.g., community education events,
and public awareness efforts.
Performance reports for the States are due on an annual basis on
December 29. Performance reports for tribes and tribal organizations
are due on an annual basis on September 28 of each year.
D. Reporting Requirements: Deadlines for Program and Financial Reports
All State grantees are reminded that the annual Program Reports and
annual Financial Status Reports (Standard Form 269) are due 90 days
after the end of each Federal fiscal year, i.e., reports are due on
December 28 of each year.
All tribal program reports and annual financial status reports are
due 90 days after the end of the expenditure period, i.e., September 29
of each year.
Part IV. Application Requirements for States
A. Eligibility: States
``States'' as defined in section 309(6) of the Act are eligible to
apply for funds. The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands.
In the past, Guam, the Virgin Islands and the Commonwealth of the
Northern Mariana Islands have applied for funds as a part of their
consolidated grant under the Social Services Block grant (the Republic
of Palau has applied for funds through the Community Services Block
Grant). These jurisdictions need not submit an application under this
Program Announcement if they choose to have their allotment included as
part of a consolidated grant application.
B. Approval/Disapproval of a State's Application
The Secretary will approve any application that meets the
requirements of the Act and this announcement and will not disapprove
any such application except after reasonable notice of the Secretary's
intention to disapprove has been provided to the applicant and after a
six-month period providing an opportunity for the applicant to correct
any deficiencies.
The notice of intention to disapprove will be provided to the
applicant within 45 days of the date of the application.
C. Content of the State Application
The State's application must be signed by the Chief Executive of
the State or the Chief Program Official designated as responsible for
the administration of the Act.
All applications must contain the following information or
documents:
(1) The name of the State agency, the name of the Chief Program
Official designated as responsible for the administration of funds
under this Act, and the name of a contact person if different from the
Chief Program Official (section 303)(a)(2)(D)).
(2) A plan describing in detail how the needs of underserved
populations will be met, including populations underserved because of
ethnic, racial, cultural, language diversity, or geographic isolation
(section 303(a)(2)(C)).
(a) Identification of the underserved populations that are being
targeted for outreach and services.
[[Page 18218]]
(b) In meeting the needs of the underserved population, describe
the domestic violence training that will be provided to the individuals
who will do the outreach and intervention to these populations; and
(c) Describe the public information component of the State's
outreach program; describe the elements of your program that are used
to explain domestic violence, the most effective and safe ways to seek
help and identify available resources, etc.
(3) Provide a complete description of the process and procedures
used to involve State domestic violence coalitions and other
knowledgeable individuals and interested organizations, including faith
and community-based organizations, to assure an equitable distribution
of grants and grant funds within the State and between rural and urban
areas in the State (sections 303(a)(2)(C)) and 311(a)(5)).
(4) Provide a complete description of the process and procedures
implemented that allow for the participation of the State domestic
violence coalition in planning and monitoring the distribution of grant
funds and determining whether a grantee is in compliance with (section
303(a)(2)(A), 303(a)(3) and 311(a)(5)).
(5) Provide a copy of the procedures developed and implemented that
assure the confidentiality of records pertaining to any individual
provided family violence prevention or treatment services by any
program assisted under the Act. Include procedures that ensure that
individual client records cannot be identified when providing
statistical data on program services and activities (section
303(a)(2)(E)).
(6) Include a description of how the State plans to use the grant
funds, a description of the target population, the number of shelters
to be funded, the services the State will provide, and the expected
results from the use of the grant funds (section 303(a)(4)).
(7) Provide a copy of the law or procedures that the State has
implemented for the eviction of an abusive spouse from a shared
household (section 303)(a)(2)(F)).
All applications must contain the following assurances:
(a) That grant funds under the Act will be distributed to local
public agencies and nonprofit private organizations (including
religious and charitable organizations and voluntary associations) for
programs and projects within the State to prevent incidents of family
violence and to provide immediate shelter and related assistance for
victims of family violence and their dependents in order to prevent
future violent incidents (section 303(a)(2)(A)).
(b) That not less than 70 percent of the funds distributed shall be
used for immediate shelter and related assistance to the victims of
family violence and their dependents and not less than 25 percent of
the funds distributed shall be used to provide related assistance
(section 303(f)).
(c) That not more than 5 percent of the funds will be used for
State administrative costs (section 303(a)(2)(B)(i)).
(d) That in distributing the funds, the States will give special
emphasis to the support of faith and community-based projects of
demonstrated effectiveness carried out by non-profit private
organizations, particularly those projects the primary purpose of which
is to operate shelters for victims of family violence and their
dependents and those which provide counseling, advocacy, and self-help
services to victims and their children (section 303(a)(2)(B)(ii)).
(e) That grants funded by the States will meet the matching
requirements in section 303(e), i.e., not less than 20 percent of the
total funds provided for a project under this title with respect to an
existing program, and with respect to an entity intending to operate a
new program under this title, not less than 35 percent. The local share
will be cash or in kind; and the local share will not include any
Federal funds provided under any authority other than this title
(section 303(e)).
(f) That grant funds made available under this program by the State
will not be used as direct payment to any victim or dependent of a
victim of family violence (section 303(c)).
(g) That no income eligibility standard will be imposed on
individuals receiving assistance or services supported with funds
appropriated to carry out the Act (section 303(d)).
(h) That the address or location of any shelter-facility assisted
under the Act will not be made public, except with the written
authorization of the person or persons responsible for the operation of
such shelter (section 303(a)(2)(E)).
(i) That programs or activities funded in whole or in part under
the Act will prohibit discrimination on the basis of age, handicap,
sex, race, color, national origin or religion (section 307).
(j) That funds made available under the FVPSA will be used to
supplement and not supplant other Federal, State, and local public
funds expended to provide services and activities that promote the
purposes of the FVPSA.
(k) That States will comply with the applicable Departmental
record-keeping and reporting requirements and general requirements for
the administration of grants under 45 CFR part 92.
Part V. Application Requirements for Native American Tribes
A. Eligibility: Native American Tribes
As described above, Native American tribes and tribal organizations
are eligible for funding under this program if they meet the definition
of such entities as found in subsections (b) and (c) of section 4 of
the Indian Self-Determination and Education Assistance Act and are able
to demonstrate their capacity to carry out a family violence prevention
and services program.
A list of currently eligible Native American tribes is found at
Appendix B of this document. Any Native American tribe that believes it
meets the eligibility criteria and should be included in the list of
eligible tribes should provide supportive documentation and a request
for inclusion in its application (see Application Content Requirements
below).
As in previous years, Native American tribes may apply singularly
or as a consortium. In addition, a non-profit private organization,
approved by a Native American tribe for the operation of a domestic
violence shelter or program on a reservation is eligible for funding.
B. Approval/Disapproval of a Native American Tribes Application
The Secretary will approve any application that meets the
requirements of the Act and this Announcement, and will not disapprove
an application unless the Native American tribe or tribal organization
has been given reasonable notice of the Department's intention to
disapprove and an opportunity to correct any deficiencies (section
303(B)(2)).
C. Native American Tribe Application Content Requirements
The application from a Native American tribe must be signed by the
Chief Executive Officer or tribal chairperson of the tribe.
All applications must contain the following information/documents:
(1) The name of the organization or agency and the Chief Program
Official designated as responsible for administering funds under the
Act, and the name, telephone number, and fax number, if available, of a
contact person in the designated organization or agency.
(2) A copy of a current resolution stating that the designated
organization
[[Page 18219]]
or agency has the authority to submit an application on behalf of the
Native American individuals in the tribe(s) and to administer programs
and activities funded under this program (section 303(b)(2)).
(3) A description of the procedures designed to involve
knowledgeable individuals and interested organizations in providing
services under the Act (section 303(b)(2)). For example, knowledgeable
individuals and interested organizations may include: tribal officials
or social services staff involved in child abuse or domestic violence
prevention, tribal law enforcement officials, representatives of State
coalitions against domestic violence, and operators of domestic
violence shelters and service programs.
(4) A description of the tribe's operation of and/or capacity to
carry out a domestic violence prevention and services program. This
might be demonstrated in ways such as the following:
(a) The current operation of a shelter, safehouse, or domestic
violence prevention program;
(b) The establishment of joint or collaborative service agreements
with a local public agency or a private non-profit agency for the
operation of domestic violence prevention activities or services; or
(c) The operation of social services programs as evidenced by
receipt of ``638'' contracts with the Bureau of Indian Affairs (BIA);
title II Indian Child Welfare grants from the BIA; Child Welfare
Services grants under title IV-B of the Social Security Act; or Family
Preservation and Family Support grants under title IV-B of the Social
Security Act.
(5) A description of the services to be provided, how the Native
American tribe or tribal organization plans to use the grant funds to
provide the direct services, to whom the services will be provided, and
the expected results of the services (section 303(b)(2)).
(6) Documentation of the procedures that assure the confidentiality
of records pertaining to any individual provided family violence
prevention or treatment services by any program assisted under the Act.
Include procedures that ensure that individual client records cannot be
identified when providing statistical data on program services and
activities (section 303(a)(2)(E)).
(7) The EIN number of the Native American tribe, tribal
organization, or non-profit organization submitting the application.
Each application must contain the following assurances:
(a) That not less than 70 percent of the funds shall be used for
immediate shelter and related assistance for victims of family violence
and their dependents and not less than 25 percent of the funds
distributed shall be used to provided related assistance (section
303(f)).
(b) That grant funds made available under the Act will not be used
as direct payment to any victim or dependent of a victim of family
violence (section 303(c)).
(c) That the address or location of any shelter or facility
assisted under the Act will not be made public, except with the written
authorization of the person or persons responsible for the operations
of such shelter (section 303(a)(2)(E)).
(d) That law or procedure has been implemented for the eviction of
an abusing spouse from a shared household (section 303(a)(2)(F)).
(e) That all programs or activities funded in whole or in part
under the Act will prohibit discrimination on the basis of age,
handicap, sex, race, color, national origin or religion (section 307).
(f) That applicant will comply with the applicable Departmental
record-keeping and reporting requirements and general requirements for
the administration of grants under 45 CFR parts 74 and 92.
Part VI. Other Information
A. Notification Under Executive Order 12372
For States, this program is covered under Executive Order 12372,
``Intergovernmental Review of Federal Programs,'' for State plan
consolidation and implication only--45 CFR 100.12. The review and
comment provisions of the Executive Order and part 100 do not apply.
Federally-recognized Native American tribes are exempt from all
provisions and requirements of E.O. 12372.
B. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), the application requirements contained in this instruction have
been approved by the Office of Management and Budget under control
number 0970-0062.
C. Certifications
Applications must comply with the required certifications found at
Appendix A as follows:
1. Anti-Lobbying Certification and Disclosure Form. Pursuant to 45
CFR part 93, the certification must be signed and submitted with the
application. If applicable, a standard form LLL, which discloses
lobbying payments must be submitted.
2. Certification Regarding Drug-Free Workplace Requirements.
3. Certification Regarding Debarment: The signature on the
application by the chief program official attests to the applicants
intent to comply with the Drug-Free Workplace requirements and
compliance with the Debarment Certification. The Drug-Free Workplace
and Debarment certifications do not have to be returned with the
application.
4. Certification Regarding Environmental Tobacco Smoke: The
signature on the application by the chief program official attests to
the applicants intent to comply with the requirements regarding
environmental tobacco smoke and services to children under age 18 of
the Pro-Children Act of 1994. The applicant further agrees that it will
require the language of this certification be included in any sub-
awards which contain provisions for children's services and that all
grantees shall certify accordingly.
(Catalog of Federal Domestic Assistance number 93.671, Family
Violence Prevention and Services.)
Dated: April 8, 2003.
Clarence H. Carter,
Director, Office of Community Services.
Appendix A--Required Certifications:
Attachment--A Certification Regarding Lobbying and Disclosure of
Lobbying Activities and Instructions
Attachment--B Certification Regarding Debarment;
Attachment--C Regarding Environmental Tobacco Smoke; and
Attachment--D Drug-Free Workplace Requirements.
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