[Federal Register: March 22, 2005 (Volume 70, Number 54)]
[Notices]
[Page 14467-14472]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr05-51]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration on Children, Youth and Families
[Program Announcement No. FV01-2005]
Family Violence Prevention and Services Program
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 the availability of funding to States 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). The purpose of these grants
is to assist States in establishing, maintaining, and expanding
programs and projects to prevent family violence and to provide
immediate shelter and related assistance for victims of family violence
and their dependents.
This announcement sets forth the application requirements, the
application process, and other administrative and fiscal requirements
for grants in fiscal year (FY) 2005.
CFDA Number: 93.671, Family Violence Prevention and Services.
DATES: Applications for FY 2005 State grant awards meeting the criteria
specified in this instruction should be received no later than April
21, 2005.
ADDRESSES: Applications should be sent to Family and Youth Services
Bureau, Administration on Children, Youth and Families, Administration
for Children and Families, Attn: Ms. Sunni Knight, 330 C Street, SW.,
Room 2117, Washington, DC 20447.
FOR FURTHER INFORMATION CONTACT: William D. Riley at (202) 401-5529; or
e-mail at WRiley@acf.hhs.gov, or Sunni Knight at (202) 401-5319 or e-
mail at GKnight@acf.hhs.gov.
SUPPLEMENTARY INFORMATION:
Annual State Administrators Grantee Conference
State Family Violence Prevention and Services Act (FVPSA)
administrators should plan to attend the annual State Administrators
Grantee Conference. A subsequent Program Instruction and/or Information
Memorandum will advise the State FVPSA administrators of the date,
time, and location of their grantee conference.
Client Confidentiality
FVPSA programs must establish or implement policies and protocols
for maintaining the safety and confidentiality of the victims of
domestic violence, sexual assault, and stalking. It is essential that
the confidentiality of adult victims and their children receiving FVPSA
services be protected. Consequently, when providing statistical data on
program activities and program services, individual identifiers of
client records will not be used (section 303(a)(2)(E)).
Stop Family Violence Postal Stamp
The U.S. Postal Service was directed by the ``Stamp Out Domestic
Violence Act of 2001'' (the Act), P.L. 107-67, to make available a
``semipostal'' stamp to provide funding for domestic violence programs.
Funds raised in connection with sales of the stamp, less reasonable
costs, have been transferred to the U.S. Department of Health and Human
Services during FY 2004 in accordance with the Act for support of
services to children and youth exposed to domestic violence. It is
projected that additional Stamp revenues will be received during FY
2005. Subsequent to the receipt of the stamp proceeds, a program
announcement will be issued providing guidance and information on the
process and requirements for awards to programs providing services to
children and youth.
The Importance of Coordination of Services
The impacts of family and intimate violence include physical injury
and death of primary or secondary victims, psychological trauma,
isolation from family and friends, harm to children witnessing or
experiencing violence in homes in which the violence occurs, increased
fear, reduced mobility and employability, homelessness, substance
abuse, and a host of other health and related mental health
consequences.
Coordination and collaboration among the police, prosecutors, the
courts, social service providers (which may include faith-based
organizations), child welfare and family preservation services, 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 are
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 (HHS)
urges the designated State agencies 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.
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
[[Page 14468]]
Services Act (the Act). The Act was first implemented in FY 1986, was
amended in 1992 by Pub. L. 102-295, in 1994 by Pub. L. 103-322, in 1996
by Pub. L. 104-235, and in 2000 by the Victims of Trafficking and
Violence Protection Act (Pub. L. 106-386). The Act was most recently
amended by the ``Keeping Children and Families Safe Act of 2003'' (Pub.
L. 108-36).
The purpose of this legislation is to assist States, Native
American Tribes (including Alaskan Native Villages) and Tribal
organizations in supporting the establishment, maintenance, and
expansion of programs and projects to prevent incidents of family
violence and to provide immediate shelter and related assistance for
victims of family violence and their dependents.
During FY 2004, 224 grants were made to States and Tribes or Tribal
organizations. The Department also made 53 family violence prevention
grant awards to non-profit State domestic violence coalitions.
In addition, the Department supports the National Resource Center
for Domestic Violence (NRC) and four Special Issue Resource Centers
(SIRCs). The SIRCs are the Battered Women's Justice Project, the
Resource Center on Child Custody and Protection, 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 (NDVH) to ensure that every woman has access to
information and emergency assistance wherever and whenever she needs
it. The NDVH is a 24-hour, toll-free service which provides crisis
assistance, counseling, and local shelter referrals to women across the
country. Hotline counselors also are available for non-English speaking
persons and for people who are hearing-impaired. The Hotline number is
1-800-799-SAFE; the TDD number for the hearing impaired is 1-800-787-
3224. As of August 31, 2003 the National Domestic Violence Hotline had
answered over 1 million calls.
B. Funds Available
For FY 2005, The Department of Health and Human Services will make
available for grants to designated State agencies seventy percent of
the amount appropriated under section 310(a)(1) of the Family Violence
Prevention and Services Act which is not reserved under section
310(a)(2). In separate announcements the Department will allocate 10
percent of the foregoing appropriation to the Tribes and Tribal
organizations for the establishment and operation of shelters, safe
houses, and the provision of related services; and 10 percent to the
State Domestic Violence Coalitions to continue their work within the
domestic violence community by providing technical assistance and
training, and advocacy services among other activities with local
domestic violence programs and to encourage appropriate responses to
domestic violence within the States.
Five percent of the amount appropriated under section 310(a)(1) of
the Family Violence Prevention and Services Act which is not reserved
under section 310(a)(2) will be available in FY 2005 to continue the
support for the National Resource Center and the four Special Issue
Resource Centers. Additional funds appropriated under the FVPSA will be
used to support other activities, including training and technical
assistance, collaborative projects with advocacy organizations and
service providers, data collection efforts, public education
activities, research and other demonstration projects as well as the
ongoing operation of the National Domestic Violence Hotline.
C. State Allocation
Family Violence grants to the States, the District of Columbia, and
the Commonwealth of Puerto Rico are based on a population formula. Each
State grant shall be $600,000 with the remaining funds allotted to each
State on the same ratio as the population of the State has to the
population of all States (section 304(a)(2)). State populations are
determined on the basis of the most recent census data available to the
Secretary and, if available, the annual current census data produced by
the Secretary of Commerce pursuant to section 181 of Title 13.
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 1
percent of the amounts appropriated (section 304(a)(1)).
General Grant Requirements Applicable to States
A. Definitions
States should use the following definitions in carrying out their
programs. The definitions are found in Section 320 of 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) Prevention services such as outreach and prevention services
for victims and their children, assistance for children who witness
domestic violence, employment training, parenting and other educational
services for victims and their children, preventive health services
within domestic violence programs (including nutrition, disease
prevention, exercise, and prevention of substance abuse), domestic
violence prevention programs for school age children, family violence
public awareness campaigns, and violence prevention counseling services
to abusers;
(b) Counseling with respect to family violence, counseling or other
supportive services by peers, individually or in groups, and referral
to community social services;
(c) Transportation and technical assistance with respect to
obtaining financial assistance under Federal and State programs, and
referrals for appropriate health-care services (including alcohol and
drug abuse treatment), but shall not include reimbursement for any
health-care services;
[[Page 14469]]
(d) Legal advocacy to provide victims with information and
assistance through the civil and criminal courts, and legal assistance;
or
(e) Children's counseling and support services, and child care
services for children who are victims of family violence or the
dependents of such victims, and children who witness domestic violence.
B. Expenditure Period
The FVPSA funds may be used for expenditures from October 1 of each
fiscal year for which they are granted, and will be available for
expenditure through September 30 of the following fiscal year, i.e., FY
2005 funds may be used for expenditures from October 1, 2004 through
September 30, 2006.
Re-allotted funds, if any, are available for expenditure until the
end of the fiscal year following the fiscal year that the funds became
available for re-allotment. FY 2004 grant funds which are made
available to the States through re-allotment, under section 304(d)(2),
must be expended by the State no later than September 30, 2006.
C. Reporting Requirements: State Performance Report
Section 303(a)(4) requires that States file a performance report
with the Department describing the activities carried out, and
inclusion of an assessment of the effectiveness of those activities in
achieving the purposes of the grant. Section 303(a)(5) requires that
the State file a report that contains a description of the activities
carried out with funds expended for State administrative costs.
A section of this performance report must be completed by each
grantee or sub-grantee 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.
The Performance Report should include the following data elements
as well as narrative examples of success stories about the services
which were provided. The Performance Report should include the
following data elements:
Funding--The total amount of the FVPSA grant funds awarded; the
percentage of funding used for shelters, and the percentage of funding
used for related services and assistance.
Shelters--The total number of shelters and shelter programs (safe
homes/motels, etc.) assisted by FVPSA program funding. Data elements
should include:
The number of women sheltered
The number of shelters and safe houses in the State
The number of young children sheltered (birth-12 years of
age)
The number of teenagers and young adults (13-18 years of
age)
The number of men sheltered
The number of elderly serviced
The average length of stay
The number of women, children, teens, and men who were
turned away because shelter was unavailable
The number of women, children, teens, and men who were
referred to other shelters due to a lack of space
Types of individuals served (including special populations)--Record
information by numbers and percentages against the total population
served. Individuals and special populations served should include:
Racial identification;
Cultural classification;
Language (other than English);
Geographically isolated from shelter (urban or rural);
Women of color;
Persons with disabilities; and
Other special needs populations.
Related services and assistance--List the types of related services
and assistance provided to victims and their family members by
indicating the number of women, children, and men that have received
services. Services and assistance may include but are not limited to
the following:
Individual counseling
Group counseling
Crisis intervention/hotline
Information and referral
Batterers support services
Legal advocacy services
Transportation
Services to teenagers
Child Care
Training and technical assistance
Housing advocacy
Other innovative program activities
Volunteers--List the total number of volunteers and hours worked
Identified Abuse--Indicate the number of women, children, and men
who were identified as victims of physical, sexual, and emotional
abuse.
Service referrals--List the number of women, children, and men
referred for the following services: (Note: If the individual was
identified as a batterer please indicate.)
Alcohol abuse
Drug abuse
Batterer intervention services
Abuse as a child
Witnessed abuse
Emergency medical intervention
Law enforcement intervention
The Performance Report should include narratives of success stories
of services provided and the positive impact on the lives of children
and families. Examples may include the following:
An explanation of the activities carried out including an
assessment of the major activities supported by the family violence
funds, what particular priorities within the State were addressed, and
what special emphases were placed on these activities;
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, safe-houses, related
assistance, programs for batterers);
An assessment of the effectiveness of the direct service
activities contemplated in the application;
A description of how the needs of under-served
populations, including populations under-served because of ethnic,
racial, cultural, language diversity, or geographic isolation were
addressed,
A description and assessment of the prevention activities
supported during the program year, e.g., community education events,
and public awareness efforts; and
A discussion of exceptional issues or problems arising,
but not addressed in the application.
Performance reports for the States are due on an annual basis at
the end of the calendar year (December 29). Performance reports should
be sent to Family and Youth Services Bureau, Administration on
Children, Youth and Families, Administration for Children and Families,
Attn: William Riley, 330 C Street, SW., Room 2117, Washington, DC
20447.
Please note that section 303(a)(4) of the FVPSA requires the
Department to suspend funding for an approved application if any State
applicant fails to submit an annual performance report or if the funds
are expended for purposes other than those set forth under this
announcement.
D. Financial Status Reports
All State grantees are reminded that the annual Financial Status
Reports (Standard Form SF-269A) are due 90 days after the end of each
Federal fiscal year. The first SF-269A is due December 29, 2005. The
final SF-269A is due December 29, 2006. Completed reports should be
sent to: Doris Lee, Division of Mandatory Grants, Office of Grants
Management, Office of Administration, Administration for Children and
Families, 370 L'Enfant Promenade SW., Washington, DC 20447. Standard
Form 269A can be found at:
[[Page 14470]]
http://www.whitehouse.gov/omb/grants/grants_forms.html
Application Requirements
A. Eligibility
``States'' as defined in section 320 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, and the Commonwealth of the
Northern Mariana Islands.
In the past, Guam, American Samoa, 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. 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.
Additional Information on Eligibility
All applicants must have a Dun & Bradstreet Universal Numbering
System (DUNS) number. On June 27, 2003, the Office of Management and
Budget published in the Federal Register a new Federal policy
applicable to all Federal grant applicants. The policy requires all
Federal grant applicants to provide a Dun & Bradstreet Data Universal
Numbering System (DUNS) number when applying for Federal grants or
cooperative agreements on or after October 1, 2003. The DUNS number
will be required whether an applicant is submitting a paper application
or using the government-wide electronic portal (http://www.Grants.gov).
A DUNS number will be required for every application for a new award or
renewal/continuation of an award, including applications or plans under
formula, entitlement, and block grant programs, submitted on or after
October 1, 2003.
Please ensure that your organization has a DUNS number. You may
acquire a DUNS number at no cost by calling the dedicated toll-free
DUNS number request line on 1-866-705-5711 or you may request a number
on-line at http://www.dnb.com.
B. Approval/Disapproval of a State 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
6-month period providing an opportunity for applicant to correct any
deficiencies.
The notice of intention to disapprove will be provided to the
applicant within 45 days of the date of the application.
C. Content of the State Application
The State's application must be submitted by the Chief Executive
Officer of the State and signed by the Chief Executive Officer or the
Chief Program Official designated as responsible for the administration
of the Act.
Each application must contain the following information or
documentation:
(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 coordination of related programs within the State,
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, such as populations which are underserved due
to ethnic, racial, cultural, or language diversity; alienage status;
geographic isolation; disability; or age (section 303(a)(2)(C)).
(a) Identify the underserved populations that are being targeted
for outreach and services.
(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.
Describe the specific service environment, e.g., new shelters, services
for the battered elderly, women of color, etc.
(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, identify available resources, etc.
(3) Provide a complete description of the process and procedures
used to involve State domestic violence coalitions, knowledgeable
individuals and interested organizations, and 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) of the Act and (section 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 (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)(2)).
(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)).
Each application 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, as defined in
section 320(5)(A), 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(g)).
(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 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(f), i.e., not less than 20 percent of the
total funds provided for a project under Chapter 110 of Title 42 of the
U.S. Code with respect to an existing program, and with respect to an
entity intending to operate a new program under this title, not less
than 35 percent. The local share will be cash or in-kind; and the local
share will not
[[Page 14471]]
include any Federal funds provided under any authority other than this
chapter (section 303(f)).
(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(d)).
(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(e)).
(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 all grants, programs or other activities funded by the
State in whole or in part with funds made available under the FVPSA
will prohibit discrimination on the basis of age, handicap, sex, race,
color, national origin or religion (section 307).
(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 (section 303(a)(4)).
(k) That States will comply with the applicable Departmental
recordkeeping and reporting requirements and general requirements for
the administration of grants under 45 CFR part 92.
Other Information
A. Notification Under Executive Order 12372
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.
B. The Paperwork Reduction Act of 1995 (Pub. L. 104-13)
Public reporting burden for this collection of information is
estimated to average six hours per response, including the time for
reviewing instructions, gathering and maintaining the data needed and
reviewing the collection information.
The project description is approved under OMB control number 0970-
0274 which expires August 31, 2005. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.
C. Certifications
Applications must comply with the required certifications found at
the Appendices as follows:
Anti-Lobbying Certification and Disclosure Form (See Appendix A):
Applicants must furnish prior to award an executed copy of the Standard
Form LLL, Certification Regarding Lobbying, when applying for an award
in excess of $100,000. Applicants who have used non-Federal funds for
lobbying activities in connection with receiving assistance under this
announcement shall complete a disclosure form, if applicable, with
their applications (approved by the Office of Management and Budget
under control number 0348-0046). Applicants must sign and return the
certification with their application.
Certification Regarding Environmental Tobacco Smoke (See Appendix
B): Applicants must also understand they will be held accountable for
the smoking prohibition included within Public Law 103-227, Title XII
Environmental Tobacco Smoke (also known as the PRO-KIDS Act of 1994). A
copy of the Federal Register notice which implements the smoking
prohibition is included with forms. By signing and submitting the
application, applicants are providing the certification and need not
mail back the certification with the application.
These certifications also may be found at: http://www.acf.hhs.gov/programs/ofs/forms.htm
.
Dated: March 14, 2005.
Joan E. Ohl,
Commissioner, Administration on Children, Youth and Families.
Appendices--Required Certifications:
A. Certification Regarding Lobbying
B. Certification Regarding Environmental Tobacco Smoke
Appendix A--Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge
and belief, that:
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in
accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all sub awards
at all tiers (including subcontracts, sub grants, and contracts
under grants, loans, and cooperative agreements) and that all sub
recipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into.
Submission of this certification is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and
belief, that:
If any funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
commitment providing for the United States to insure or guarantee a
loan, the undersigned shall complete and submit Standard Form-LLL,
``Disclosure Form to Report Lobbying,'' in accordance with its
instructions. Submission of this statement is a prerequisite for
making or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required
statement shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
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Organization
Appendix B--Certification Regarding Environmental Tobacco Smoke
Public Law 103227, Part C Environmental Tobacco Smoke, also
known as the Pro Children Act of 1994 (Act), requires that smoking
not be permitted in any portion of any indoor routinely owned or
leased or contracted for by an entity and used routinely or
regularly for provision of health, day care, education, or library
services to children under the age of 18, if the services are funded
by Federal programs either directly or through State or local
governments, by Federal grant, contract, loan, or loan guarantee.
The law does not apply to children's services provided in private
residences, facilities funded solely by
[[Page 14472]]
Medicare or Medicaid funds, and portions of facilities used for
inpatient drug or alcohol treatment. Failure to comply with the
provisions of the law may result in the imposition of a civil
monetary penalty of up to $1000 per day and/or the imposition of an
administrative compliance order on the responsible entity. By
signing and submitting this application the applicant/grantee
certifies that it will comply with the requirements of the Act.
The applicant/grantee further agrees that it will require the
language of this certification be included in any subawards which
contain provisions for the children's services and that all
subgrantees shall certify accordingly.
[FR Doc. 05-5555 Filed 3-21-05; 8:45 am]
BILLING CODE 4184-01-P