Family Violence Prevention and Services/Grants for Domestic Violence Shelters and Supportive Services/Grants to States, 14378-14385 [2012-5823]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Administration for Children and Families

[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Notices]
[Pages 14378-14385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5823]



[[Page 14378]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Family Violence Prevention and Services/Grants for Domestic 
Violence Shelters and Supportive Services/Grants to States

AGENCY: Family and Youth Services Bureau (FYSB), Administration on 
Children, Youth, and Families (ACYF), ACF.

ACTION: This notice was originally published as Funding Opportunity 
Number HHS-2012-ACF-ACYF-FVPS-0272 on February 23, 2012 at https://www.acf.hhs.gov/grants/open/foa/view/HHS-2012-ACF-ACYF-FVPS-0272.

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    This announcement governs the proposed award of mandatory grants 
under the Family Violence Prevention and Services Act (FVPSA) to States 
(including Territories and Insular Areas). The purpose of these grants 
is to: (1) Assist States in efforts to increase public awareness about, 
and primary and secondary prevention of, family violence, domestic 
violence, and dating violence; and (2) assist States in efforts to 
provide immediate shelter and supportive services for victims of family 
violence, domestic violence, or dating violence (Section 301(b)(1-2)) 
of the FVPSA, as amended by Section 201 of the Child Abuse Prevention 
and Treatment Act (CAPTA) Reauthorization Act of 2010, Public Law 111-
320.
    This announcement sets forth the application requirements, the 
application process, and other administrative and fiscal requirements 
for grants in Fiscal Year (FY) 2012.

    C.F.D.A. Number: 93.671.

    Statutory Authority: The statutory authority for this program is 
Sections 301-313 of the Family Violence Prevention and Services Act, 
as amended by Section 201 of the CAPTA Reauthorization Act of 2010, 
Public Law 111-320, hereinafter cited by Section number only.

SUMMARY:

I. Funding Opportunity Description

Description

Background
    The Administration on Children, Youth and Families (ACYF) is 
committed to facilitating healing and recovery, and promoting the 
social and emotional well-being of victims, children, youth, and 
families who have experienced domestic violence, maltreatment, exposure 
to violence, and trauma. An important component of promoting well-being 
in this regard includes addressing the impact of trauma which can have 
profound impacts on coping, resiliency, and skill development. ACYF 
promotes a trauma-informed approach, which involves understanding and 
responding to the symptoms of chronic interpersonal trauma and 
traumatic stress across the lifespan.
    This FVPSA funding opportunity announcement (FOA), administered 
through ACYF's Family and Youth Services Bureau (FYSB), is designed to 
assist States in their efforts to support the establishment, 
maintenance, and expansion of programs and projects: (1) To prevent 
incidents of family violence, domestic violence, and dating violence; 
(2) 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 (3) 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 (Section 306(a)).
    The FVPSA State Formula Grant funds shall be used to identify and 
provide subgrants to eligible entities for programs and projects within 
the State that are designed to prevent incidents of family violence, 
domestic violence, and dating violence by providing immediate shelter 
and supportive services for adult and youth victims of family violence, 
domestic violence, or dating violence, and their dependents, and which 
may be used to provide prevention services to prevent future incidents 
of family violence, domestic violence, and dating violence (Section 
308(a)).
    FVPSA funds awarded to subgrantees should be used for:
     Provision of immediate shelter and related supportive 
services to adult and youth victims of family violence, domestic 
violence, or dating violence, and their dependents, including paying 
for the operating and administrative expenses of the facilities for a 
shelter (Section 308(b)(1)(A)).
     Assistance in developing safety plans, and supporting 
efforts of victims of family violence, domestic violence, or dating 
violence to make decisions related to their ongoing safety and well-
being (Section 308(b)(1)(B)).
     Provision of individual and group counseling, peer support 
groups, and referral to community-based services to assist family 
violence, domestic violence, and dating violence victims, and their 
dependents, in recovering from the effects of the violence (Section 
308(b)(1)(C)).
     Provision of services, training, technical assistance, and 
outreach to increase awareness of family violence, domestic violence, 
and dating violence, and increase the accessibility of family violence, 
domestic violence, and dating violence services (Section 308(b)(1)(D)).
     Provision of culturally and linguistically appropriate 
services (Section 308(b)(1)(E)).
     Provision of services for children exposed to family 
violence, domestic violence, or dating violence, including age-
appropriate counseling, supportive services, and services for the 
nonabusing parent that support that parent's role as a caregiver, which 
may, as appropriate, include services that work with the nonabusing 
parent and child together (Section 308(b)(1)(F)).
     Provision of advocacy, case management services, and 
information and referral services, concerning issues related to family 
violence, domestic violence, or dating violence intervention and 
prevention, including: (1) Assistance in accessing related Federal and 
State financial assistance programs; (2) legal advocacy to assist 
victims and their dependents; (3) medical advocacy, including provision 
of referrals for appropriate health care services (including mental 
health, alcohol, and drug abuse treatment), which does not include 
reimbursement for any health care services; (4) assistance locating and 
securing safe and affordable permanent housing and homelessness 
prevention services; (5) transportation, child care, respite care, job 
training and employment services, financial literacy services and 
education, financial planning, and related economic empowerment 
services; and (6) parenting and other educational services for victims 
and their dependents (Section 308(b)(1)(G)).
     Provision of prevention services, including outreach to 
underserved populations (Section 308(b)(1)(H)).
    In the distribution of FVPSA grant funds, the State should ensure 
that not less than 70 percent of the funds distributed are used 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; not less than 25 percent of the 
funds will be used for the purpose of providing supportive services and 
prevention services (Section 308(b)(2)); and not more than 5 percent of 
the FVPSA grant funds should be used for State administrative costs 
(Section 306(b)(1)).

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Ensuring the Well-Being of Vulnerable Children and Families

    The Administration on Children, Youth and Families is committed to 
facilitating healing and recovery, and promoting the social and 
emotional well-being of children, youth, and families who have 
experienced maltreatment, exposure to violence, and/or trauma. This 
funding announcement and other discretionary spending this fiscal year 
are designed to ensure that effective interventions are in place to 
build skills and capacities that contribute to the healthy, positive, 
and productive functioning of families.
    Children, youth, and families who have experienced maltreatment, 
exposure to violence, and/or trauma are impacted along several domains, 
each of which must be addressed in order to foster social and emotional 
well-being and promote healthy, positive functioning:
     Understanding Experiences: A fundamental aspect of the 
human experience is the development of a world view through which one's 
experiences are understood. Whether that perspective is generally 
positive or negative impacts how experiences are interpreted and 
integrated. For example, one is more likely to approach a challenge as 
a surmountable, temporary obstacle if his or her frame includes a sense 
that ``things will turn out alright.'' On the contrary, negative 
experiences can color how future experiences are understood. Ongoing 
exposure to family violence might lead children, youth, and adults to 
believe that relationships are generally hostile in nature and affect 
their ability to enter into and stay engaged in safe and healthy 
relationships. Interventions should seek to address how children, 
youth, and adults frame what has happened to them in the past and shape 
their beliefs about the future.
     Developmental Tasks: People grow physically and 
psychosocially along a fairly predictable course, encountering normal 
challenges and establishing competencies as they pass from one 
developmental stage to another. However, adverse events have a marked 
effect on the trajectory of normal social and emotional development, 
delaying the growth of certain capacities, and, in many cases, 
accelerating the maturation of others. Intervention strategies must be 
attuned to the developmental impact of negative experiences and address 
related strengths and deficits to ensure children, youth, and families 
develop along a healthy trajectory.
     Coping Strategies: The methods that children, youth, and 
families develop to manage challenges both large and small are learned 
in childhood, honed in adolescence, and practiced in adulthood. Those 
who have been presented with healthy stressors and opportunities to 
overcome them with appropriate encouragement and support are more 
likely to have an array of positive, productive coping strategies 
available to them as they go through life. For children, youth, and 
families who grow up in or currently live in unsafe, unpredictable 
environments, the coping strategies that may have been protective in 
that context may not be appropriate for safer, more regulated 
situations. Interventions should help children, youth, and families 
transform maladaptive coping methods into healthier, more productive 
strategies.
     Protective Factors: A wealth of research has demonstrated 
that the presence of certain contextual factors (e.g., supportive 
relatives, involvement in after-school activities) and characteristics 
(e.g., self-esteem, relationship skills) can moderate the impacts of 
past and future negative experiences. These protective factors are 
fundamental to resilience; building them is integral to successful 
intervention with children, youth, and families.
    The skills and capacities in these areas support children, youth, 
and families as challenges, risks, and opportunities arise. In 
particular, each domain impacts the capacity of children, youth, and 
families to establish and maintain positive relationships with caring 
adults and supportive peers. The necessity of these relationships to 
social and emotional well-being and lifelong success in school, 
community, and at home cannot be overstated and should be central to 
all interventions with vulnerable children, youth, and families.
    An important component of promoting social and emotional well-being 
includes addressing the impact of trauma, which can have a profound 
effect on the overall functioning of children, youth, and families. The 
Administration on Children, Youth and Families promotes a trauma-
informed approach, which involves understanding and responding to the 
symptoms of chronic interpersonal trauma and traumatic stress across 
the domains outlined above, as well as the behavioral and mental health 
sequelae of trauma.
    The Administration on Children, Youth and Families anticipates a 
continued focus on social and emotional well-being as a critical 
component of its overall mission to ensure positive outcomes for all 
children, youth, and families.

Annual FVPSA State Administrators Grantee Meeting

    FVPSA State Administrators shall plan to attend the annual grantee 
meeting. The State FVPSA Administrators meeting is a training and 
technical assistance activity focusing on FVPSA administrative issues 
as well as the promotion of evidence informed and promising practices 
to address family violence, domestic violence, or dating violence. 
Subsequent correspondence will advise the FVPSA State Administrators of 
the date, time, and location of their grantee meeting.

Client Confidentiality

    In order to ensure the safety of adult, youth, and child victims of 
family violence, domestic violence, or dating violence, and their 
families, FVPSA-funded programs must establish and implement policies 
and protocols for maintaining the confidentiality of records pertaining 
to any individual provided domestic violence services. Consequently, 
when providing statistical data on program activities and program 
services, individual identifiers of client records will not be used by 
the State or other FVPSA grantees or subgrantees (Section 306(c)(5)).
    In the annual grantee Performance Progress Report (PPR), States and 
subgrantees must collect unduplicated data from each program rather 
than unduplicated data across programs or statewide. No client-level 
data should be shared with a third party, regardless of encryption, 
hashing, or other data security measures, without a written, time-
limited release as described in section 306(c)(5). The address or 
location of any FVPSA-supported shelter facility shall, except with 
written authorization of the person or persons responsible for the 
operation of such shelter, not be made public (Section 306(c)(5)(H)) 
and the confidentiality of records pertaining to any individual 
provided domestic violence services by any FVPSA-supported program will 
be strictly maintained.

Coordinated and Accessible Services

    It is essential that community service providers, including those 
serving or representing underserved communities, are involved in the 
design and improvement of intervention and prevention activities. 
Coordination and collaboration among victim services providers; 
community-based, culturally specific, and faith-based services 
providers; housing and homeless services providers; and Federal, State,

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and local public officials and agencies is needed to provide more 
responsive and effective services to victims of family violence, 
domestic violence, and dating violence, and their dependents.
    To promote a more effective response to family violence, domestic 
violence, and dating violence, Department of Health and Human Services 
(HHS) requires States receiving funds under this grant announcement to 
collaborate with State Domestic Violence Coalitions, tribes, tribal 
organizations, service providers, and community-based organizations to 
address the needs of family violence, domestic violence, and dating 
violence, and for those who are members of racial and ethnic minority 
populations and underserved populations (Section 307(a)(2)).
    To serve victims most in need and to comply with Federal law, 
services must be widely accessible to all. Services must not 
discriminate on the basis of age, disability, sex, race, color, 
national origin or religion (Section 306(c)(2)). The HHS Office for 
Civil Rights provides guidance to grantees complying with these 
requirements. Please see https://www.hhs.gov/ocr/immigration/bifsltr.html for HHS Office of Civil Rights guidance on serving 
immigrant victims and https://www.hhs.gov/ocr/discrimdisab.html for 
guidance on the Americans with Disabilities Act and Rehabilitation Act 
of 1973. Services must also be provided on a voluntary basis; receipt 
of emergency shelter or housing must not be conditioned on 
participation in supportive services (Section 308(d)(2)).

Definitions

    States should use the following definitions in carrying out their 
programs (Section 302).
    Dating Violence: 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 length of the relationship, 
the type of relationship, and the frequency of interaction between the 
persons involved in the relationship.
    Domestic Violence: Felony or misdemeanor crimes of violence 
committed by a current or former spouse 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, 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 and adult or youth victim who is protected 
from that person's acts under the domestic or family violence laws of 
the jurisdiction.
    Family Violence: Any act or threatened act of violence, including 
any forceful detention of an individual that: (a) results or threatens 
to result in physical injury; and (b) is committed by a person against 
another individual (including an elderly individual) to or with whom 
such person: Is related by blood, or is or was related by marriage or 
is or was otherwise legally related, or is or was lawfully residing.
    Shelter: The provision of temporary refuge and supportive services 
in compliance with applicable State law (including regulation) 
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.
    Supportive Services: Services for adult and youth victims of family 
violence, domestic violence, or dating violence, and dependents exposed 
to family violence, domestic violence, or dating violence, that are 
designed to:
     Meet the needs of victims of family violence, domestic 
violence, or dating violence, and their dependents, for short-term, 
transitional, or long-term safety; and
     Provide counseling, advocacy, or assistance for victims of 
family violence, domestic violence, or dating violence, and their 
dependents.

II. Award Information

    For FY 2012, HHS will make available for grants to designated State 
agencies 70 percent of the amount appropriated under section 303(a)(1) 
of FVPSA, which is not reserved under Section 303(a)(2). In FY 2011, 
ACYF awarded $90,335,158 to State agencies for these purposes. In 
separate announcements, ACYF will allocate 10 percent of the foregoing 
appropriation to tribes and tribal organizations for the establishment 
and operation of shelters, safe houses, and the provision of supportive 
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, needs assessment, and advocacy 
services, among other activities with local domestic violence programs, 
and to encourage appropriate responses to domestic violence within the 
States. Six percent of the amount appropriated under section 303(c) of 
FVPSA, and reserved under section 303(a)(2)(c), will be available in FY 
2012 to continue the support for the two National Resource Centers 
(NRCs), four Special Issue Resource Centers (SIRCs) and the three 
Culturally Specific Special Issue Resource Centers (CSSIRCs). 
Additionally, funds appropriated under 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.

State Allocation

    FVPSA 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 to the 
population of all States (Section 305(a)(2)). State populations are 
determined on the basis of the most recent census data available to the 
Secretary of HHS, and the Secretary shall use for such purpose, if 
available, the annual current interim census data produced by the 
Secretary of Commerce pursuant to section 181 of Title 13 of the U.S. 
Code.
    For the purpose of computing allotments, the statute provides that 
Guam, American Samoa, the Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands will each receive grants of not less than one-
eighth of one percent of the amount appropriated for formula grants to 
States (Section 305(a)(1)).

Expenditure Period

    FVPSA funds may be used for expenditures on and after October 1 of 
each fiscal year for which they are granted, and will be available for 
expenditure through September 30 of the following fiscal year, i.e., FY 
2012 funds may be used for expenditures from October 1, 2011, through 
September 30, 2013. Funds will be available for obligations only 
through September 30, 2013, and must be liquidated by December 30, 
2013.
    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 2012 grant funds that are made available 
to the States through re-allotment, under section 305(d), must be 
expended by the State no later than September 30, 2013.

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III. Eligibility Information

    ``States'', as defined in section 302 of FVPSA, are eligible to 
apply for funds. The term ``State'' means each of the 50 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, the Virgin Islands, the Commonwealth of the 
Northern Mariana Islands, and American Samoa 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; however, they are required to 
submit a Performance Progress Report using the standardized format.

Additional Information on Eligibility

DUNS (Universal Identifier Number) Requirement
    Data Universal Numbering System (DUNS) Number is the nine-digit, or 
thirteen-digit (DUNS + 4), number established and assigned by Dun and 
Bradstreet, Inc. (D&B) to uniquely identify business entities.
    All applicants and sub-recipients must have a DUNS number at the 
time of application in order to be considered for a grant or 
cooperative agreement. A DUNS number is required whether an applicant 
is submitting a paper application or using the Government-wide 
electronic portal, www.Grants.gov. A DUNS number is 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. A DUNS number may be acquired at no cost online at 
https://fedgov.dnb.com/webform. To acquire a DUNS number by phone, 
contact the D&B Government Customer Response Center: U.S. and U.S 
Virgin Islands: 1-866-705-5711, Alaska and Puerto Rico: 1-800-234-3867 
(Select Option 2, then Option 1), Monday-Friday 7 a.m. to 8 p.m., CST.
    The process to request a D-U-N-S Number by telephone will take 
between 5 and 10 minutes.

Central Contractor Registration (CCR) Requirement

    Central Contractor Registration (CCR) is the Federal registrant 
database and repository into which an entity must provide information 
required for the conduct of business as a recipient. CCR, managed by 
the General Services Administration, collects, validates, stores, and 
disseminates data in support of agency financial assistance missions.
    Effective October 1, 2011 HHS required all entities that plan to 
apply for, and ultimately receive, Federal grant funds from any HHS 
Agency, or receive sub-awards directly from recipients of those grant 
funds to:
     Be registered in the CCR prior to submitting an 
application of plan;
     Maintain an active CCR registration with current 
information at all times during which it has an active award or an 
application or plan under consideration by an OPDIV; and
     Provide its DUNS number in each application or plan it 
submits to the OPDIV.
    ACF is prohibited from making an award until an applicant has 
complied with these requirements. At the time an award is ready to be 
made, if the intended recipient has not complied with these 
requirements, ACF:
     May determine that the applicant is not qualified to 
receive an award; and
     May use that determination as a basis for making an award 
to another applicant.
    Additionally, all first-tier sub-award recipients (i.e., direct 
sub-recipient) must have a DUNS number at the time the sub-award is 
made.
    CCR registration may be made online at www.ccr.gov or by phone at 
1-866-606-8220. CCR registration must be updated annually. CCR 
registration must be active and maintained with current information at 
all times during which an organization has an active award or an 
application under consideration.
    Applicants are strongly encouraged to register at the CCR well in 
advance of the application due date.

IV. Application Requirements

Content of Application Submission

    The State's application must be submitted by the chief executive 
officer of the State must contain the following information or 
documentation (Section 307(a)(1)):
    (1) The name and complete address of the State agency; the name and 
contact information for the official designated as responsible for the 
administration of FVPSA programs and activities relating to family 
violence, domestic violence, and dating violence that are carried out 
by the State and for coordination of related programs within the State; 
the name and contact information for a contact person if different from 
the designated official (Section 307(a)(2)(G)).
    (2) A plan describing how the State will involve community-based 
organizations whose primary purpose is to provide culturally 
appropriate services to underserved populations, including how such 
community-based organizations can assist the State in addressing the 
unmet needs of such populations (Section 307(a)(2)(E)).
    (3) A plan describing how the State will provide specialized 
services including trauma-informed 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 (Section 306(a)(3)).
    (4) A plan describing in detail how the needs of underserved 
populations will be met (Section 306(a)(3)). ``Underserved 
populations'' include populations underserved because of geographic 
location (such as rural isolation), underserved racial and ethnic 
populations, populations underserved because of special needs (such as 
language barriers, disabilities, immigration status, or age), and any 
other population determined to be underserved by the State planning 
process or the Secretary of HHS (Section 302(14)). The State plan 
should:
    (a) Identify which populations in the State are currently 
underserved, and the process used to identify underserved population; 
describe those that are being targeted for outreach and services; and 
provide a brief explanation of why those populations were selected to 
receive outreach and services.
    (b) Describe 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.
    (c) Describe the specific services to be provided or enhanced, 
including 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; lesbian, gay, bisexual, 
or transgender (LGBT) individuals; adolescents; at-risk youth or 
victims with disabilities.
    (5) Include a description of how the State plans to use the grant 
funds; a description of the target populations; the number of shelters 
to be funded; the number of non-residential programs to be funded; the 
services the State will provide; and the expected results from the use 
of the grant funds as required by Sections 307(a)(2)(F) and 308(b).
    (6) Describe the plan to assure an equitable distribution of grants 
and grant funds within the State and

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between urban and rural areas within such State (Section 307(a)(2)(C)).
    (7) Provide complete documentation of consultation with and 
participation of the State Domestic Violence Coalition in the planning 
and monitoring of the distribution of grants and the administration of 
grant programs and projects (Section 307(a)(2)(D)).
    (8) Provide complete 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; the confidentiality of records pertaining to any 
individual provided family violence prevention services by any FVPSA-
supported program will be maintained; and the address or location of 
any FVPSA-supported shelter will not be made public without the written 
authorization of the person or persons responsible for the operation of 
such shelter (Sections 307(a)(2)(A) and 306(c)(5)).
    (9) Provide a copy of the law or procedures, such as a process for 
obtaining an order of protection, that the State has implemented for 
the barring of an abusive spouse from a shared household (Section 
307(a)(2)(H)).

    Note: As required by the Paperwork Reduction Act of 1995 (Pub. 
L. 104-13), public reporting burden for this collection of 
information is estimated to average 10-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 the Office of Management and Budget 
(OMB) control number 0970-0280. 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.

Assurances

    Each application must provide signed copy of the assurances (See 
Appendix A).

Certifications

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

Certification Regarding Lobbying

    (See Appendix B): Applicants must furnish an executed copy of the 
Certification Regarding Lobbying, prior to the award of the grant.

Standard Form (SF)-LLL Disclosure of Lobbying Activities

    The filing of this form is required for each payment or agreement 
to make payment to any lobbying entity 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 a covered Federal action.
    This disclosure form must be completed and filed by the reporting 
entity, whether subawardees or prime Federal recipient, at the 
initiation or receipt of a covered Federal action, or a material change 
to a previous filing, pursuant to title 31 U.S.C. 1352.

Intergovernmental Review of Federal Programs

    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.

Application Submission

    Applications should be sent or delivered to: Administration on 
Children, Youth and Families, Administration for Children and Families, 
Family and Youth Services Bureau, Family Violence Prevention and 
Services Program, Attn: Edna James, 1250 Maryland Avenue SW., Suite 
8214, Washington, DC 20024.

V. Approval/Disapproval of a State Application

    The Secretary of HHS will approve any application that meets the 
requirements of FVPSA 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 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.

VI. Reporting Requirements

Performance Reports

    States are required to submit an annual performance report to ACYF 
describing the activities carried out, and an assessment of the 
effectiveness of those activities in achieving the purposes of the 
grant (Section 306(d)). Further guidance regarding the assessment 
requirement is included in the PPR. A section of this performance 
report must be completed by each grantee or subgrantee that provided 
program services and activities. State-grantees should compile 
subgrantee performance reports into a comprehensive report for 
submission. A copy of the required PPR can be found at www.acf.hhs.gov/programs/ofs/forms.htm.
    In the past, Guam, the Virgin Islands, the Commonwealth of the 
Northern Mariana Islands, and American Samoa have applied for FVPSA 
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; however, they are 
required to submit an annual PPR using the standardized format.
    PPRs for the States and Territories are due on an annual basis at 
the end of the calendar year (December 29). PPRs should be sent to: 
Administration on Children, Youth and Families, Administration for 
Children and Families, Family and Youth Services Bureau, Family 
Violence Prevention and Services Program, Attn: Edna James, 1250 
Maryland Avenue SW., Room 8214, Washington, DC 20024.
    Please note that section 307(b)(4) of FVPSA requires HHS to suspend 
funding for an approved application if any State applicant fails to 
submit an annual PPR or if the funds are expended for purposes other 
than those set forth under this announcement.

Federal Financial Reports (FFR)

    Grantees must submit annual Financial Status Reports. The first SF-
425A is due December 30, 2012. The final SF-425A is due December 30, 
2013. SF-425A can be found at: https://www.whitehouse.gov/omb/grants/grants_forms.html.
    Completed reports may be mailed to: Nathaniel West, Division of 
Mandatory Grants, Office of Grants Management, Administration for 
Children and Families, 370 L'Enfant Promenade SW., 6th Floor, 
Washington, DC 20447.
    Grantees have the option of submitting their reports online through 
the Online Data Collection (OLDC) system at the following address: 
https://extranet.acf.hhs.gov/ssi. Failure to submit reports on time may 
be a basis for withholding grant funds, or suspension or termination of 
the grant. All funds reported as unobligated after the obligation 
period will be recouped.

VII. Administrative and National Policy Requirements

    Awards issued under this announcement are subject to the uniform 
administrative requirements and cost principles of 45 CFR part 74 
(Awards and Subawards to Institutions

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of Higher Education, Hospitals, Other Nonprofit Organizations, and 
Commercial Organizations) or 45 CFR part 92 (Grants and Cooperative 
Agreements to State, Local, and Tribal Governments). The Code of 
Federal Regulations (CFR) is available at https://www.gpo.gov.
    An application funded with the release of Federal funds through a 
grant award, does not constitute, or imply, compliance with Federal 
regulations. Funded organizations are responsible for ensuring that 
their activities comply with all applicable Federal regulations.

Equal Treatment for Faith-Based Organizations

    Grantees are also subject to the requirements of 45 CFR 87.1(c), 
Equal Treatment for Faith-Based Organizations, which says, 
``Organizations that receive direct financial assistance from the 
[Health and Human Services] Department under any Department program may 
not engage in inherently religious activities such as religious 
instruction, worship, or proselytization as part of the programs or 
services funded with direct financial assistance from the Department.'' 
Therefore, organizations must take steps to completely separate the 
presentation of any program with religious content from the 
presentation of the Federally funded program by time or location in 
such a way that it is clear that the two programs are separate and 
distinct. If separating the two programs by time but presenting them in 
the same location, one program must completely end before the other 
program begins.
    A faith-based organization receiving HHS funds retains its 
independence from Federal, State, and local governments, and may 
continue to carry out its mission, including the definition, practice, 
and expression of its religious beliefs. For example, a faith-based 
organization may use space in its facilities to provide secular 
programs or services funded with Federal funds without removing 
religious art, icons, scriptures, or other religious symbols. In 
addition, a faith-based organization that receives Federal funds 
retains its authority over its internal governance, and it may retain 
religious terms in its organization's name, select its board members on 
a religious basis, and include religious references in its 
organization's mission statements and other governing documents in 
accordance with all program requirements, statutes, and other 
applicable requirements governing the conduct of HHS funded activities.
    Regulations pertaining to the Equal Treatment for Faith-Based 
Organizations, which includes the prohibition against Federal funding 
of inherently religious activities, ``Understanding the Regulations 
Related to the Faith-Based and Neighborhood Partnerships Initiative'' 
are available at https://www.hhs.gov/partnerships/about/regulations/. 
Additional information, resources, and are tools for faith-based 
organizations are available through The Center for Faith-based and 
Neighborhood Partnerships Web site at https://www.hhs.gov/partnerships/ and at the Administration for Children & Families: Toolkit 
for Faith-based and Community Organizations.

Requirements for Drug-Free Workplace

    The Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et seq.) 
requires that all organizations receiving grants from any Federal 
agency agree to maintain a drug-free workplace. By signing the 
application, the Authorizing Official agrees that the grantee will 
provide a drug-free workplace and will comply with the requirement to 
notify ACF if an employee is convicted of violating a criminal drug 
statute. Failure to comply with these requirements may be cause for 
debarment. Government-wide requirements for Drug-Free Workplace for 
Financial Assistance are found in 2 CFR part 182; HHS implementing 
regulations are set forth in 2 CFR 382.400. All recipients of ACF grant 
funds must comply with the requirements in Subpart B--Requirements for 
Recipients Other Than Individuals, 2 CFR 382.225. The rule is available 
at https://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=18b5801410be6af416dc258873ffb7ec;rgn=div2;view=text;node=
20091112%3A1.1;idno=49;cc=ecfr.

Debarment and Suspension

    HHS regulations published in 2 CFR part 376 implement the 
government-wide debarment and suspension system guidance (2 CFR part 
180) for HHS' non-procurement programs and activities. ``Non-
procurement transactions'' include, among other things, grants, 
cooperative agreements, scholarships, fellowships, and loans. ACF 
implements the HHS Debarment and Suspension regulations as a term and 
condition of award. Grantees may decide the method and frequency by 
which this determination is made and may check the Excluded Parties 
List System (EPLS) located at https://www.epls.gov/, although checking 
the EPLS is not required. More information is available at https://www.acf.hhs.gov/grants/grants_resources.html.

Pro-Children Act

    The Pro-Children Act of 2001, 42 U.S.C. 7181 through 7184, imposes 
restrictions on smoking in facilities where federally funded children's 
services are provided. HHS grants are subject to these requirements 
only if they meet the Act's specified coverage. The Act specifies that 
smoking is prohibited in any indoor facility (owned, leased, or 
contracted for) used for the routine or regular provision of 
kindergarten, elementary, or secondary education or library services to 
children under the age of 18. In addition, smoking is prohibited in any 
indoor facility or portion of a facility (owned, leased, or contracted 
for) used for the routine or regular provision of federally funded 
health care, day care, or early childhood development, including Head 
Start services to children under the age of 18. The statutory 
prohibition also applies if such facilities are constructed, operated, 
or maintained with Federal funds. The statute does not apply to 
children's services provided in private residences, facilities funded 
solely by Medicare or Medicaid funds, portions of facilities used for 
inpatient drug or alcohol treatment, or facilities where WIC coupons 
are redeemed. Failure to comply with the provisions of the law may 
result in the imposition of a civil monetary penalty of up to $1,000 
per violation and/or the imposition of an administrative compliance 
order on the responsible entity.

VIII. Funding Restrictions

    Costs of organized fund raising, including financial campaigns, 
endowment drives, solicitation of gifts and bequests, and similar 
expenses incurred solely to raise capital or obtain contributions, are 
considered unallowable costs under grants awarded under this 
announcement.
    Construction is not an allowable activity or expenditure under this 
grant award.
    Purchase of real property is not an allowable activity or 
expenditure under this grant award.

IX. Other Information

    Bryan Samuels, Commissioner, Administration on Children, Youth and 
Families.

Appendices: Required Assurances and Certifications:
A. Assurances of Compliance with Grant Requirements
B. Certification Regarding Lobbying

DATES: The application due date is March 26, 2012.

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FOR FURTHER INFORMATION CONTACT: Edna James at (202) 205-7750 or email 
at: Edna.James@acf.hhs.gov.

Bryan Samuels,
Commissioner, Administration on Children, Youth and Families.

Appendix A

Assurance of Compliance With Grant Requirements

    The undersigned grantee certifies that:
    (1) Grant funds under the Family Violence Prevention Services 
Act (FVPSA) will be distributed to local public agencies, or 
nonprofit private organizations (including faith-based and 
charitable organizations, community-based organizations, and 
voluntary associations), that assist victims of family violence, 
domestic violence, or dating violence (as defined in Section 302(2), 
(3) and (4), and their dependents, and have a documented history of 
effective work concerning family violence, domestic violence, or 
dating violence (Section 308(c)).
    (2) Grant funds will be used for programs and projects within 
the State that are designed to prevent incidents of family violence, 
domestic violence, and dating violence by providing immediate 
shelter and supportive services and access to community-based 
programs for adult and youth victims as well as specialized services 
for children exposed to domestic violence, underserved populations 
and those who are members of racial and ethnic minority populations 
(as defined in Section 306(a)(1-3)).
    (3) In distributing the funds, the State will give special 
emphasis to the support of community-based projects of demonstrated 
effectiveness carried out by non-profit, private organizations, 
particularly for those projects where the primary purpose is to 
operate shelters for victims of family violence, domestic violence, 
and dating violence, and their dependents or those which provide 
counseling, advocacy, and self-help services to victims of family 
violence, domestic violence, and dating violence, and their 
dependents (Section 307(a)(2)(B)(iii)).
    (4) Not less than 70 percent of the funds distributed shall be 
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, as 
described in Section 308(b)(1)(A).
    (5) Not less than 25 percent of the funds distributed shall be 
for the purpose of providing supportive services and prevention 
services as described in Section 308(b)(1)(B) through (H), to 
victims of family violence, domestic violence, or dating violence, 
and their dependents (Section 308(b)(2)).
    (6) Not more than five percent of the funds will be used for 
State administrative costs (Section 307(a)(2)(b)(i)).
    (7) The State grantee is in compliance with the statutory 
requirements of Section 307(a)(2)(C), regarding the equitable 
distribution of grants and grant funds within the State and between 
urban and rural areas within the State.
    (8) The State will consult with and provide for the 
participation of the State Domestic Violence Coalition in the 
planning and monitoring of the distribution of grant funds and the 
administration of the grant programs and projects (Section 
307(a)(2)(D)).
    (9) Grant funds made available under this program by the State 
will not be used as direct payment to any victim of family violence, 
domestic violence, or dating violence, or to any dependent of such 
victim (Section 308(d)(1)).
    (10) No income eligibility standard will be imposed on 
individuals with respect to eligibility for assistance or services 
supported with funds appropriated to carry out the FVPSA. (Section 
306(c)(3)).
    (11) No fees will be levied for assistance or services provided 
with funds appropriated to carry out the FVPSA (Section 306(c)(3)).
    (12) The address or location of any shelter or facility assisted 
under the FVPSA that otherwise maintains a confidential location 
will, except with written authorization of the person or persons 
responsible for the operation of such shelter, not be made public 
(Section 306(c)(5)(H)).
    (13) The applicant has established policies, procedures and 
protocols to ensure compliance with the provisions of Section 
306(c)(5) regarding non-disclosure of confidential or private 
information (Section 307(a)(2)(A)).
    (14) Pursuant to Section 306(c)(5), additional legal 
requirements have been added. As the applicant will comply with 
requirements to ensure the non-disclosure of confidential or private 
information which include but are not limited to: (1) grantees will 
not disclose any personally identifying information collected in 
connection with services requested (including services utilized or 
denied), through grantee's funded activities or reveal personally 
identifying information without informed, written, reasonably time-
limited consent by the person about whom information is sought, 
whether for the FVPSA funded activities or any other Federal or 
State program (additional consent requirements have been omitted but 
see Section 306(c)(5)(B)(ii)(I) for additional requirements); (2) 
grantees will not release information compelled by statutory or 
court order unless adhering to the requirements of Section 
306(c)(5)(C); (3) grantees may share non-personally identifying 
information in the aggregate for the purposes enunciated in Section 
306(c)(5)(D)(i) as well as for other purposes found in Section 
306(c)(5)(D)(ii) and (iii).
    (15) Grants funded by the State in whole or in part with funds 
made available under the FVPSA will prohibit discrimination on the 
basis of age, disability, sex, race, color, national origin, or 
religion as described in Section 306(c)(2).
    (16) 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 
objectives of the FVPSA (Section 306(c)(6)).
    (17) Receipt of supportive services under the FVPSA will be 
voluntary. No condition will be applied for the receipt of emergency 
shelter as described in Section 308(d)(2)).
    (18) The State grantee has a law or procedure to bar an abuser 
from a shared household or a household of the abused person, which 
may include eviction laws or procedures (Section 307(a)(2)(H)).

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Appendix B

Certification Regarding Lobbying

    Title 31, United States Code, Section 1352, entitled 
``Limitation on use of appropriated funds to influence certain 
Federal contracting and financial transactions,'' generally 
prohibits recipients of Federal grants and cooperative agreements 
from using Federal (appropriated) funds for lobbying the Executive 
or Legislative Branches of the Federal Government in connection with 
a SPECIFIC grant or cooperative agreement. Section 1352 also 
requires that each person who requests or receives a Federal grant 
or cooperative agreement must disclose lobbying undertaken with non-
Federal (non-appropriated) funds. These requirements apply to grants 
and cooperative agreements EXCEEDING $100,000 in total costs (45 CFR 
part 93).
    The undersigned (authorized official signing for the applicant 
organization) certifies to the best of his or her knowledge and 
belief, that:
    (a) 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 any 
agency, a Member of Congress, 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 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.
    (b) If any funds other than Federally 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 of 
Lobbying Activities,'' in accordance with its instructions.
    (c) 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

[[Page 14385]]

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, 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.

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[FR Doc. 2012-5823 Filed 3-8-12; 8:45 am]
BILLING CODE 4184-32-P