[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31877]
[Federal Register: December 28, 1994]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 90
[OJP No. 1015]
RIN 1121-AA27
Grants to Combat Violent Crimes Against Women
AGENCY: Department of Justice, Office of Justice Programs.
ACTION: Proposed Rule.
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SUMMARY: This proposed rule implements and requests comments on the
Grants to Combat Violence Against Women Program as authorized by
sections 2001 through 2006 of the Omnibus Crime Control and Safe
Streets Act of 1968, as amended by Title IV, Section 40121 of the
Violent Crime Control and Law Enforcement Act of 1994.
DATE: Comments on this proposed rule must be received on or before
February 27, 1995.
ADDRESS: All comments concerning these proposed regulations should be
addressed to the Office of the General Counsel, Office of Justice
Programs, Room 1245, 633 Indiana Avenue NW, Washington, DC 20531.
FOR FURTHER INFORMATION CONTACT:
The Department of Justice Response Center at 1-800-421-6770 or (202)
301-1480.
SUPPLEMENTARY INFORMATION: The Violence Against Women Act (VAWA), is
enacted by the 103rd Congress, is set out in Title IV of the Violent
Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, 108
Stat. 1796 (Sept. 13, 1994). VAWA, in part, amends the Omnibus Crime
Control and Safe Streets Act of 1968, as amended (the Omnibus Act), 42
U.S.C. 3711 et seq. by adding a new `Part T'. Part T comprises Sections
2001 through 2006, to be codified at 42 U.S.C. 3796gg through 3796gg-5.
Unless otherwise specified, statutory references to those provisions
will be to the Sections in Part T of the Omnibus Act, as amended by
VAWA.
This new program authorizes FY 1995 Federal financial assistance to
States for developing and strengthening effective law enforcement and
prosecution strategies and victim services in cases involving violent
crimes against women. Units of local government, Indian tribal
governments and non-profit, non-governmental victim service programs
are eligible to apply directly to the Office of Justice Programs for
discretionary grants under Subpart C of these regulations.
Statement of the Problem
There are three aspects to violence against women in the United
States which reflect the compelling nature of the problem. First, there
are a tremendous number of incidents of violent crimes against women,
many of which are often hidden and under-reported. The following
statistics taken from the Bureau of Justice Statistics' 1994 data from
the National Crime Victimization Survey, and a recent Bureau of Justice
Statistic report, Violence Against Women (January 1994), paint a grim
picture of violence against women in America:
Over two-thirds of violent crimes committee against women
were committed by someone known to them.
Over 1 million women a year are victims of violence
perpetrated by husbands or boyfriends.
Every year, nearly 500,000 women age 12 or older are
victims of rape or attempted rape.
Data from 1992 show that one-third of all female murder
victims over age 14 were killed by an intimate, such as a boyfriend,
spouse, or ex-spouse.
Over half of the family violence crime victimizations
result in injuries to the victim; female victims are more likely to
sustain injuries at the hands of intimates than strangers.
Less than half of all violent crime against women is ever
reported to law enforcement officials.
Over one-fifth of those convicted of intimate violent
offenses reported having been physically or sexually abused during
childhood.
Over one-third of those incarcerated for harming an
intimate had a previous conviction for a violent offense.
Second, it is only recently that society has begun to view violence
against women as a serious criminal problem. In domestic violence
cases, where the victim knows the perpetrator, there has been a
tendency to consider the matter a private dispute and not a crime for
public scrutiny or judgment. Even when the violence comes at the hands
of a stranger, as in many cases of sexual assault, the incident has too
often been blamed more on the victim than on the perpetrator.
The third aspect of the problem lies in the traditional response by
the justice system to incidents of violence against women. Existing
criminal justice and victim services efforts to alleviate the problem
have been fragmented due to lack of resources and/or coordination.
Consequently, the criminal justice system has too often not been
responsive to women in domestic violence and sexual assault cases.
The Violence Against Women Act of 1994
VAWA reflects a firm commitment towards working to change the
criminal justice system's response to violence that occurs when any
women is threatened or assaulted by someone with whom she has or has
had an intimate relationship, with whom she was previously acquainted,
or who is a stranger. By committing significant Federal resources and
attention to issues of violence against women, VAWA can assist the
nation's criminal justice system in responding to the needs and
concerns of women who have been, or potentially could be, victimized by
violence.
Law Enforcement and Prosecution Grants To Reduce Violent Crimes
Against Women
For FY 1995, Congress appropriated $26 million to the Department of
Justice as a down payment towards assistance to combat violent crimes
against women. Part T authorizes an appropriation of $130 million for
FY 1996 and increasing amounts in following years.
Thus, the $26 million appropriation for FY 1995 is the initial step
of a multi-year program designed to encourage States to implement
innovative and effective criminal justice approaches to this problem.
VAWA enumerates the following seven broad purpose areas for which funds
may be used:
(1) training for law enforcement officers and prosecutors to
identify and respond more effectively to violent crimes against women,
including crimes of sexual assault and domestic violence;
(2) developing, training, or expanding units of law enforcement
officers and prosecutors specifically targeting violent crimes against
women;
(3) developing and implementing more effective police and
prosecution policies and services for preventing and responding to
violent crimes against women;
(4) developing and improving data collection and communications
systems linking police, prosecutors, and courts or for purposes of
identifying and tracking arrests, protection orders, violations of
protection orders, prosecutions, and convictions;
(5) developing, expanding, or improving victim services programs,
including improved delivery of such services for racial, cultural, and
ethnic minorities, and providing specialized domestic violence court
advocates;
(6) developing and enhancing programs addressing stalking; and
(7) developing and enhancing programs addressing the special needs
and circumstances of Indian tribes in dealing with violent crimes
against women.
Additionally, by statute, 4% of the of the amount appropriated each
year is available for Indian tribal governments through a discretionary
program. For FY 1995, this program will fund up to fifteen to twenty
programs. Tribes, which may apply individually or as a consortium in
order to maximize resources, are encouraged to develop programs which
address their unique needs.
A Coordinated and Integrated Approach to the Problem
By definition, a coordinated and integrated approach suggests a
partnership among law enforcement, prosecution, the courts, victim
advocates and service providers. The goal of this program is to
encourage States and localities to restructure and strengthen the
criminal justice response to be pro-active in dealing with this
problem; to draw on the experience of all the players in the system,
including the advocate community; and to develop a comprehensive set of
strategies to deal with this complex problem. The development of such
strategies necessitates collaboration among police, prosecutors, the
courts, and victim services providers. Thus, the program requires that
jurisdictions draw into the planning process the experience of
nongovernmental victim services and State domestic violence and sexual
assault coalitions, as well as existing domestic violence and sexual
assault task forces and coordinating councils, in addition to police,
prosecutors and the courts. Examples of innovative approaches include
those:
Instituting comprehensive training programs to change
attitudes that have traditionally prevented the criminal justice system
from adequately responding to the problem.
Forming specialized units within police departments and
prosecutors' offices, or specialized multi-disciplinary units, devoted
exclusively to the handling of domestic violence and sexual assault
cases.
Establishing sexual trauma units in emergency rooms where
forensic examinations, victim counseling, and victim advocacy are
equally available.
Developing strategies that maximize resources by
establishing regional approaches, such as the registration and
enforcement of protective orders across jurisdictional lines.
Establishing protocols to achieve better coordination in
the handling of cases involving violence against women between civil
and criminal courts.
Establishing and expanding victim services that address
the special needs of women from minority and ethnic communities, women
who are disabled, or women who do not speak English.
Eligibility Requirements Applicable To The States
To be eligible to receive grants under this program, States must
develop plans which comply with the requirements set out in VAWA.
Although grant amounts are limited for FY 1995, States should plan
their VAWA activities with a view to implementing a continuing program
over the next several years.
First, States will have to demonstrate how they plan each year to
distribute their grant funds. At least 25% must be allocated to law
enforcement, 25% to prosecution, and 25% to victim services programs.
Section 2002(c)(3). Second, priority must be given to areas within the
State of varying geographic size with the greatest showing of need.
Need is based on population and the availability of existing domestic
violence and sexual assault programs in the population and geographic
area to be served. Section 2002(e)(2)(C). States must insure equitable
geographic distribution among urban, non-urban, and rural areas. They
must also address the needs of populations previously underserved due
to geographic location, racial or ethnic barriers, or special needs
such as language barriers or physical disabilities. Section
2002(e)(2)(D). States are encouraged to develop preliminary multi-year
plans for the disbursement of funds based on geography, need, and
underserved populations to achieve a balanced distribution, consistent
with the statute, over the life of the program extending through FY
2000.
Third, in their applications, States and Indian tribal governments
must certify that they (or another level of government) will incur the
full out-of-pocket costs for forensic medial exams involving sexual
assault victims. Section 2005(a)(1). Additionally, each State and
Indian tribal government must also provide certification that their
laws, policies, and practices do not require, in connection with the
prosecution of any misdemeanor or felony domestic violence offense,
that the victim bear the costs associated with the filing of criminal
charges against the domestic violence offender, or the costs associated
with the issuance or service of a warrant, protection order, and
witness subpoena. Section 2006(a)(1). If the latter condition is not
satisfied, States and Indian tribal governments must provide assurances
that they will be in compliance by September 13, 1996, or at the end of
the next legislative session, whichever is later.
Finally, an important goal of the legislation is to create vehicles
for the various participants in the system to begin a dialogue. To help
foster this communication, States are required to consult and
coordinate with non-profit, non-governmental victim services programs,
including sexual assault and domestic violence victim services
programs.
Indian Tribal Governments Discretionary Program
Indian tribal governments are eligible recipients for these funds
either through the States as subgrantees or directly from the Office of
Justice Programs through a small discretionary program. As described,
the Office of Justice Programs will make grants to States and the State
will make funds available to units of local government, Indian tribal
governments and non-profit, non-governmental victim services programs.
In addition, VAWA requires that 4% of the total funds be set aside for
Indian tribal governments. These funds may be used for the same general
purposes set out for the State recipients in the block grant program.
Tribes will be invited to make individual applications, or apply as
a consortium or as an inter-tribal group. VAWA defines Indian tribes to
include both those with and without law enforcement authority. Section
2003(3). Consequently, the requirement applicable to State block
grants, that at least 25% of the total grant award be allocated
respectively to law enforcement, prosecution, and victim assistance,
would not be applicable to Indian tribal governments that do not have
law enforcement authority. Nonetheless, program plans should be
developed through consultation with tribal law enforcement,
prosecutors, courts, and victims services to the extent they exist.
Tribal applicants are also encouraged to integrate into their plans
traditional models of dispute resolution such as peacemaker forums.
Additionally, tribes may want to develop a domestic violence code, if
one is not already in place, to facilitate the implementation of
strategies which have reduced violence against women in other court
systems.
Funding limits the number of discretionary grants in FY 1995 to
approximately fifteen to twenty awards. To be eligible for funding
under the discretionary program, Indian tribal governments must comply
with the forensic exam cost and the filing and serving fee requirements
applicable to the State block grant program.
Technical Assistance and Training/Evaluation
The Office of Justice Programs intends to assist States and Indian
tribal governments in meeting the program goal of developing effective
coordinated and integrated strategies. A small portion of the funds
provided under this program has been set aside to provide specialized
training and technical assistance to States and units of local
government and Indian tribal governments to help restructure the
system's response to violence against women.
Further, consistent with the statute, the Office of Justice
Programs, in conjunction with the National Institute of Justice, will
evaluate the effectiveness of the programs established with these
funds. Recipients of grants must agree to cooperate with Federally-
sponsored evaluations of their projects. In addition, the Attorney
General is required by VAWA to report to Congress on a profile of the
persons served, the programs funded, and their effectiveness. Program
recipients must therefore specifically provide a statistical summary of
persons served, detailing the nature of victimization, and providing
data on age, relationship of victim to offender, geographic
distribution, race, ethnicity, language, and disability. Additionally,
program recipients are expected to cooperate with any investigations or
audits performed by components of the Department of Justice, including
the Civil Rights Division or the Office of the Inspector General.
Request for Comments
The Office of Justice Programs seeks to fulfill Congressional
intent by soliciting, encouraging and incorporating comments on all
aspects of this program while ensuring that the statutory limitations
are applied appropriately to all recipients. Comments are specifically
solicited on, but not limited to, the following issues:
(1) The scope of the impact on States, units of local government,
and Indian tribal governments of the mandate, contained in Sec. 90.14
of subpart B of this regulation, that exempts sexual assault victims
from paying out-of-pocket expenses with regard to forensic medical
exams.
(2) Whether the scope of the services identified in Sec. 90.2(b) of
subpart A (the definition of forensic exam) of this proposed regulation
adequately covers the needs of victims and prosecutors.
(3) The special needs of Indian tribal governments in implementing
the discretionary grant program.
(4) The scope of the impact on States, units of local government,
and Indian tribal governments of the mandate, contained in Sec. 90.15
of subpart B of this regulation, prohibiting the imposition of criminal
court-related costs on domestic violence victims,and proposed
timetables for States, local governments and Indian tribal governments
in meeting this mandate.
(5) Approaches to addressing allocation and distribution
requirements applicable to States, as set out in Sec. 90.16 of subpart
B, in making subgrants to units of local government.
A detailed Program Announcement for the States for FY 1995 will be
available in March 1995. An Application Kit for Indian tribal
governments will also be available in March 1995.
Administrative Requirements
The Office of Justice Programs has determined that this rule is a
``significant regulatory action'' for purposes of Executive Order 12866
and, accordingly, this rule has been reviewed by the Office of
Management and Budget.
In addition, this rule will not have a significant impact on a
substantial number of small entities; therefore, an analysis of the
impact of these rules on such entities is not required by the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq.
No information requirements are contained in this rule. Any
information collection requirements contained in future application
notices for this program will be reviewed by the Office of Management
and Budget, as is required by provisions of the Paperwork Reduction
Act, 44 U.S.C. 3504(h).
List of Subjects
Grant programs, Judicial administration. For the reasons set out in
the preamble, Title 28, Chapter I of the Code of Federal Regulations is
proposed to be amended by adding the new part 90 as set forth below.
PART 90--VIOLENCE AGAINST WOMEN
Subpart A--General Provisions
Sec.
90.1 General.
90.2 Definitions.
Subpart B--Grants to Combat Violence Against Women Program
90.10 Description of Grants To Combat Violence Against Women.
90.11 Program criteria.
90.12 Eligible purposes.
90.13 Eligibility.
90.14 Rape exam payment requirement.
90.15 Filing costs for criminal charges.
90.16 Availability and allocation of funds.
90.17 Matching requirements.
90.18 Non-supplantation.
90.19 State Office.
90.20 Application content.
90.21 Evaluation.
90.22 Review of state applications.
90.23 Grantee reporting.
Subpart C--Discretionary Grants for Indian Tribal Governments
90.50 Indian tribal governments discretionary program.
90.51 Program criteria for Indian tribal government discretionary
grants.
90.52 Eligible purposes.
90.53 Eligibility of Indian tribal governments.
90.54 Allocation of funds.
90.55 Matching requirements.
90.56 Non-supplantation.
90.57 Application content.
90.58 Evaluation.
90.58 Grantee reporting.
Authority: Title I of the Omnibus Crime Control and Safe Streets
Act of 1968, 42 U.S.C. Sec. 3711 et seq., as amended by Pub. L. No.
103-322.
Subpart A--General Provisions
Sec. 90.1 General.
(a) This part implements provisions of the Violence Against Women
Act (VAWA), which was enacted by Title IV of the Violent Crime Control
and Law Enforcement Act of 1994, Pub. L. No. 103-322 (Sept. 13, 1994).
(b) Subpart B of this part defines program eligibility criteria and
sets forth requirements for application for and administration of
formula grants to States to combat violent crimes against women. This
program under VAWA was enacted as a new ``Part T'' of Title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (the Omnibus Act),
codified at 42 U.S.C. 3796gg through 3796gg-5. Units of local
government, Indian tribal governments, and non-profit, non-governmental
victim services programs are eligible to apply for subgrants from this
program.
(c) Indian tribal governments are eligible to receive assistance as
part of the State program pursuant to subpart B of this part. In
addition, Indian tribal governments may apply directly for
discretionary grants under subpart C of this part.
Sec. 90.2 Definitions.
(a) Domestic violence. As used in this part, domestic violence
includes felony or misdemeanor crimes of violence (including threats or
attempts) committed:
(1) By a current or former spouse of the victim;
(2) By a person with whom the victim shares a child in common;
(3) By a person who is co-habitating with or has co-habitated with
the victim as a spouse;
(4) By a person similarly situated to a spouse of the victim under
domestic or family violence laws of the jurisdiction receiving grant
monies; or
(5) By any other adult person against a victim who is protected
from that person's acts under the domestic or family violence laws of
the jurisdiction receiving grant monies. Section 2003(1).
(b) Forensic medical examination. The term forensic medical
examination means:
(1) All medical diagnostic procedures performed for a sexual
assault victim, including, but not limited to:
(i) Examination of physical trauma;
(ii) Determination of penetration, force, or lack of consent;
(iii) Patient interview; and
(iv) Collection and evaluation of evidence.
(2) The records and test results of such diagnostic procedures and
evidence collection must be obtained in a manner suitable for use in a
court of law.
(c) Indian tribe. The term Indian Tribe means a tribe, band,
pueblo, nation, or other organized group or community of Indians,
including any Alaska Native village or regional or village corporation
[as defined in, or established pursuant to, the Alaska Native Claims
Settlement Act (43 U.S.C. 1601 et seq.)], that is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians. Section 2003(3).
(d) Law enforcement. The term law enforcement means a public agency
charged with policing functions, including any of its component bureaus
(such as governmental victim services programs). Section 2003(4).
(e) Prosecution. For purpose of this program the term prosecution
means any public agency charged with direct responsibility for
prosecuting criminal offenders, including such agency's component
bureaus such as governmental victim services programs. Section 2003(5).
(f) Sexual assault. The term sexual assault means any conduct
proscribed by chapter 109A of Title 18, United States Code, and
includes both assaults committed by offenders who are strangers to the
victim and assaults committed by offenders who are known or related by
blood or marriage to the victim. Section 2003(6).
(g) State. The term State means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands.
(h) Unit of local government. For the purpose of subpart B, of this
part, the term unit of local government means any city, county,
township, town, borough, parish, village, or other general purpose
political subdivision of a State, or Indian tribe which performs law
enforcement functions as determined by the Secretary of Interior, for
the purpose of assistance eligibility, any agency of the District of
Columbia government or the United States Government performing law
enforcement functions in and for the District of Columbia and the Trust
Territory of the Pacific Islands.
(i) Victim services. The term victim services means a private non-
profit non-government organization that assists domestic violence and
sexual assault victims, including rape crisis centers, battered women's
shelters, and other sexual assault or domestic violence programs, such
as non-profit, non-governmental organizations assisting domestic
violence or sexual assault victims through the legal process. Section
2003(8).
Subpart B--Grants To Combat Violence Against Women Program
Sec. 90.10 Description of grants to combat violence against women.
It is the purpose of this program to assist States, Indian tribal
governments, and units of local government to develop and strengthen
effective law enforcement and prosecution strategies to combat violent
crimes against women, and to develop and strengthen victim services in
cases involving violent crimes against women. Section 2001(a).
Sec. 90.11 Program criteria.
(a) The Assistant Attorney General for the Office of Justice
Programs is authorized to make grants to the States, for use by States,
Indian tribal governments, units of local government and non-profit,
non-governmental victim services programs for the purpose of developing
and strengthening effective law enforcement and prosecution strategies
to combat violent crimes against women, and to develop and strengthen
victim services in cases involving violent crimes against women.
(b) States and localities shall develop plans for implementation
and shall consult and coordinate with non-profit, non-governmental
victim services programs, including sexual assault and domestic
violence victim services programs. Section 2002(c)(2). The goal of the
planning process is the enhanced coordination and integration of law
enforcement, prosecution, and victim services in the prevention,
identification, and response to cases involving violence against women.
States and localities are encouraged to include Indian tribal
governments in developing their plans. States and localities should,
therefore, consider the needs of Indian tribal governments in
developing their law enforcement, prosecution and victims services in
cases involving violence against women. services in cases involving
violence against women. Indian tribal governments may also be
considered subgrantees of the State. Section 2002(a).
Sec. 90.12 Eligible purposes.
(a) In general. Grants under this program shall provide personnel,
training, technical assistance evaluation, data collection and
equipment for the more widespread apprehension, prosecution, and
adjudication of persons committing violent crimes against women.
(b) Eligible purposes. Section 2001(b). Grants under the program
may be used for the following purposes:
(1) Training law enforcement officers and prosecutors to more
effectively identify and respond to violent crimes against women,
including the crimes of sexual assault and domestic violence;
(2) Developing, training, or expanding units of law enforcement
officers and prosecutors specifically targeting violent crimes against
women, including the crimes of sexual assault and domestic violence;
(3) Developing and implementing more effective police and
prosecution policies, protocols, orders, and services specifically
devoted to preventing, identifying, and responding to violent crimes
against women, including the crimes of sexual assault and domestic
violence;
(4) Developing, installing, or expanding data collection and
communication systems, including computerized systems, linking police,
prosecutors, and courts or for the purpose of identifying and tracking
arrests, protection orders, violations of protection orders,
prosecutions, and convictions for violent crimes against women,
including the crimes of sexual assault and domestic violence;
(5) Developing, enlarging, or strengthening victim services
programs, including sexual assault and domestic violence programs;
developing or improving delivery of victim services to racial,
cultural, ethnic, and language minorities; providing specialized
domestic violence court advocates in courts where a significant number
of protection orders are granted; and increasing reporting and reducing
attrition rates for cases involving violent crimes against women,
including crimes of sexual assault and domestic violence;
(6) Developing, enlarging, or strengthening programs addressing
stalking; and
(7) Developing, enlarging, or strengthening programs addressing the
needs and circumstances of Indian tribes in dealing with violent crimes
against women, including the crimes of sexual assault and domestic
violence.
Sec. 90.13 Eligibility.
(a) All States are eligible to apply for, and to receive, grants to
combat violent crimes against women under this program. Indian tribal
governments, units of local government, and non-profit, non-
governmental victim service programs may receive subgrants from the
States under this program.
(b) For the purpose of this subpart B, American Samoa and the
Commonwealth of the Northern Mariana Islands shall be considered as one
State and, for these purposes, 67% of the amounts allocated shall be
allocated to American Samoa, and 33% to the Commonwealth of the
Northern Mariana Islands.
Sec. 90.14 Rape exam payment requirement.
(a) For the purpose of this subpart B, a State, Indian tribal
government or unit of local government shall not be entitled to funds
under this program unless the State, Indian tribal government, unit of
local government, or another governmental entity incurs the full costs
of forensic medical exams for victims of sexual assault. Section
2005(a)(1).
(b) A State, Indian tribal government, or unit of local government
shall be deemed to incur the full cost of forensic medical exams for
victims of sexual assault if that governmental entity or some other:
(1) Provides such exams to victims free of charge;
(2) Arranges for victims to obtain such exams free of charge; or
(3) Reimburses victims for the cost of such exams if:
(i) The reimbursement covers the full cost of such exams, without
any deductible requirement or limit on the amount of reimbursement;
(ii) The governmental entity permits victims to apply for
reimbursement for not less than one year from the date of the exam;
(iii) The governmental entity provides reimbursement not later than
ninety days after written notification of the victim's expense; and
(iv) The governmental entity provides information at the time of
the exam to all victims, including victims with limited or no English
proficiency, regarding how to obtain reimbursement. Section 2005(b).
Sec. 90.15 Filing costs for criminal charges.
(a) A State shall ot be entitled to funds under this subpart B
unless it:
(1) Certifies that its laws, policies, and practices do not
require, in connection with the prosecution of any misdemeanor or
felony domestic violence offense, that the victim bear the costs
associated with the filing of criminal charges against the domestic
violence offender, or the costs associated with the issuance or service
of a warrant, protection order, and witness subpoena; or
(2) Assures that its laws, policies and practices will be in
compliance with the requirements of paragraph (a)(1) of this section by
the date on which the next session of the State legislature ends, or by
September 13, 1996, whichever is later.
(b) An Indian tribal government or unit of local government shall
not be eligible for subgrants from the State unless it complies with
the requirements of paragraph (a) of this section with respect to its
laws, policies and practices.
(c) If a State does not come into compliance within the time
allowed in paragraph (a)(2) of this section, the State will not receive
its share of the grant money whether or not individual units of local
government are in compliance.
Sec. 90.16 Availability and allocation of funds.
(a) Section 2002(b) provides for the allocation of the amounts
appropriated for this program as follows:
(1) Allocation to Indian tribal governments. Of the total amounts
appropriated for this program, 4% shall be available for grants
directly to Indian tribal governments. This program is addressed in
subpart C of this part.
(2) Allocation to States. Of the total amounts appropriated for
this program in any fiscal year, after setting aside the portion
allocated for discretionary grants to Indian tribal governments covered
in paragraph (a)(1) of this section, and setting aside a portion for
evaluation, training and technical assistance, a base amount shall be
allocated for grants to eligible applicants in each State. After these
allocations are made, the remaining funds will be allocated to each
State on the basis of the State's relative share of total U.S.
population. For purposes of determining the distribution of the
remaining funds, the most accurate and complete data complied by the
U.S. Bureau of the Census shall be used.
(3) Allocation of funds within the State. Funds granted to
qualified States are to be further subgranted by the State to agencies
and programs including, but not limited to State agencies, public or
private non-profit organizations, units of local government, Indian
tribal governments, non-profit, non-governmental victim services
programs, and legal services programs to carry out programs and
projects specified in Sec. 90.12.
(b) In distributing funds received under this part, States must:
(1) Give priority to areas of varying geographic size with the
greatest showing of need. In assessing need, States must consider the
range and availability of existing domestic violence and sexual assault
programs in the population and geographic area to be served in relation
to the avalability of such programs in other such populations and
geographic areas. Applications submitted by a State for program funding
must include a proposal which delineates the method by which States
will distribute funds within the State to assure compliance with this
requirement on an annual or multi-year basis. Section 2002(e)(2)(A).
(2) Take into consideration the population of the geographic area
to be served when determining subgrants. Section 2002(e)(2)(B).
Applications submitted by a State for program funding must include a
proposal which delineates the method by which States will distribute
funds within the State to assure compliance with this requirement on an
annual or multi-year basis.
(3) Equitably distribute monies on a geographic basis, including
non-urban and rural areas of various geographic sizes. Section
2002(e)(2)(C). Applications submitted by the State for program funding
must include a proposal which delineates the method by which States
will distribute funds within the State to assure compliance with this
requirement on an annual or multi-year basis.
(4) In disbursing monies, States must ensure that the needs of
previously underserved populations are identified and addressed in its
funding plan. Section 2002(e)(2)(D). For the purposes of this program,
underserved populations include, but are not limited to, populations
underserved because of geographic location (such as rural isolation),
underserved racial or ethnic populations, and populations underserved
because of special needs due to language barriers or physical
disabilities. Section 2003(7). Each State has flexibility to determine
its basis for identifying underserved populations, which may include
public hearings, needs assessments, task forces, and U.S. Bureau of
Census data. Applications submitted by the States for program funding
must include a proposal which delineates the method by which States
will distribute funds within the State to assure compliance with this
requirement on an annual or multi-year basis.
(c) States must certify that a minimum of 25% of each year's grant
award (75% total) will be allocated, without duplication, to each of
the following areas: prosecution, law enforcement, and victim services.
Section 2002(c)(3). This requirement applies to States and does not
apply to individual subrecipients, or Indian tribal governments.
Sec. 90.17 Matching requirements.
A grant made under the State formula program may not be expended
for more than 75% of the total costs of the projects specified in a
State's application submission. Section 2002(f). The States are
expected to submit a budget which identifies the source of the 25% non-
Federal portion of the budget. The non-Federal expenditures must be
committed for each funded project and cannot be derived from other
Federal funds. States may satisfy this 25% match through in-kind
services. Indian tribes, who are subgrantees of a State under this
program, may meet the 25% matching requirement for programs under this
subpart B by using funds appropriated by Congress for the activities of
any agency of an Indian tribal government or for the activities of the
Bureau of Indian Affairs performing law enforcement functions on any
Indian lands. All funds designated as match are restricted to the same
uses as the Violence Against Women Program funds and must be expended
within the grant period.
Sec. 90.18 Non-supplantion.
Federal funds received under this part shall be used to supplement,
not supplant non-Federal funds that would otherwise be available for
expenditure on activities described in this part. Section 2002(c)(4).
Sec. 90.19 State office.
(a) Statewide plan and application. The chief executive of each
participating State shall designate a State office for the purposes of:
(1) Certifying qualifications for funding under this subpart B;
(2) Developing a statewide plan for implementation of the grants to
combat violence against women in consultation and coordination with
non-profit, non-governmental victim services programs, including sexual
assault and domestic violence service programs;
(3) preparing an application to obtain funds under this subpart B;
(b) Administration and fund disbursement. In addition to the duties
specified by paragraph (a) of this section the office shall:
(1) Administering funds received under this subpart B, including
receipt, review, processing, monitoring, progress and financial report
review, technical assistance, grant adjustments, accounting, auditing
and fund disbursements; and
(2) Coordinating the disbursement of funds provided under this part
with other State agencies receiving Federal, State, or local funds for
domestic or family violence and sexual assault prosecution, prevention,
treatment, education, and research activities and programs.
Sec. 90.20 Application content.
(a) Format. Applications from the States for grants to Combat
Violence Against Women must be submitted on Standard Form 424,
Application for Federal Assistance, at a time specified by the Office
of Justice Programs. The Office of Justice Programs will request the
Governor of each State to identify which State agency should receive
the Application Kit. The Application Kit will include a Standard Form
424, a list of assurances that the applicant must agree to, a table of
fund allocations, and additional guidance on how to prepare and submit
an application for grants under this subpart.
(b) Programs. Applications must set forth programs and projects
which meet the purposes and criteria of the Grants to Combat Crimes
Against Women program set out in Secs. 90.11 and 90.12 on an annual or
multi-year basis.
(c) Requirements. Applicants in their applications shall at the
minimum
(1) Include documentation from non-profit, non-governmental victim
services programs describing their participation in developing the plan
as provided in Sec. 90.19(a);
(2) Include documentation from prosecution, law enforcement, and
victim services programs to be assisted, demonstrating the need for
grant funds, the intended use of the grant funds, the expected results
from the use of grant funds, and demographic characteristics of the
populations to be served, including age, marital status, disability,
race, ethnicity and language background. Section 2002(d)(1);
(3) Include proof of compliance with the requirements for rape exam
payments as provided in Sec. 90.14(a);
(4) Include proof of compliance with the requirements for filing
and service costs for domestic violence cases as provided in
Sec. 90.15; and
(5) Describe how the State and its subgrantees will provide for
evaluation of programs funded under this subpart, as provided in
Sec. 90.21(b), and agree to cooperate with the National Institute of
Justice in a Federally-sponsored evaluation.
(d) Certifications. (1) As required by Section 2002(c) each State
must certify in its application that it has met the requirements of
this subpart regarding the use of funds for eligible purposes
(Sec. 90.12); allocation of funds for prosecution, law enforcement, and
victims services Sec. 90.16(c)); non-supplantation (Sec. 90.18); and
the development of a statewide plan and consultation with victim
services programs (Sec. 90.19(a)(2)).
(2) Each State must certify that all the information contained in
the application is correct, that all submissions will be treated as a
material representation of fact upon which reliance will be placed,
that any false or incomplete representation may result in suspension or
termination of funding, recovery of funds provided, and civil and/or
criminal sanctions.
Sec. 90.21 Evaluation.
(a) The National Institute of Justice will conduct an evaluation of
these programs. A portion of the overall funds authorized under this
grant program will be set aside for this purpose. Recipients of funds
under this Subpart must agree to cooperate with Federally-sponsored
evaluations of their projects.
(b) Recipients of program funds are strongly encouraged to develop
a local evaluation strategy to assess the impact and effectiveness of
the program funded under this subpart. Applicants should consider
entering into partnerships with research organizations that are
submitting simultaneous grant applications to the National Institute of
Justice for this purpose.
Sec. 90.22 Review of State Applications.
(a) Review criteria. The provisions of Part T of the Omnibus Act
and of these regulations provide the basis for review and approval or
disapproval of State applications and amendments in whole or in part.
(b) Intergovernmental review. This program is covered by Executive
Order 12372 (Intergovernmental Review of Federal Programs) and
implementing regulations at 28 CFR part 30. A copy of the application
submitted to the Office of Justice Programs should also be submitted at
the same time to the State's Single Point of Contact, if there is a
Single Point of Contact.
(c) Written notification and reasons for disapproval. The Office of
Justice Programs shall approve or disapprove applications within sixty
days of official receipt and shall notify the applicant in writing of
the specific reasons for the disapproval of the application in whole or
in part. Section 2002(e)(1).
Sec. 90.23 Grantee Reporting.
(a) Upon completion of the grant period under this subpart, a State
shall file a performance report with the Assistant Attorney General for
the Office of Justice Programs explaining the activities carried out,
including an assessment of the effectiveness of those activities in
achieving the purposes of this part.
(b) A section of the performance report shall be completed by each
grantee and subgrantee that performed the direct services contemplated
in the application, certifying performance of direct services under the
grant. Section 2002(h)(2).
(c) The Assistant Attorney General shall suspend funding for an
approved application if:
(1) An applicant fails to submit an annual performance report;
(2) Funds are expended for purposes other than those described in
this subchapter; or
(3) A report under this Section or accompanying assessments
demonstrate to the Assistant Attorney General that the program is
ineffective or financially unsound.
Subpart C--Discretionary Grants for Indian Tribal Governments
Sec. 90.50 Indian Tribal Governments Discretionary Program.
(a) Indian tribal governments are eligible to receive assistance as
part of the State program pursuant to subpart B of this part. In
addition, Indian tribal governments may also apply directly to the
Office of Justice Programs for discretionary grants under this Subpart,
based on Section 2002(b)(1).
(b) Indian tribal governments under the Violence Against Women Act
(VAWA) do not need to have law enforcement authority. Thus, the
requirements, applicable to State formula grants under Subpart B that
at least 25% of the total grant award be allocated to law enforcement
and 25% to prosecution, are not applicable to Indian tribal governments
which do not have law enforcement authority.
Sec. 90.51 Program Criteria for Indian Tribal Government Discretionary
Grants.
(a) The Assistant Attorney General for the Office of Justice
Programs is authorized to make grants to Indian tribal governments for
the purpose of developing and strengthening effective law enforcement
and prosecution strategies to combat violent crimes against women, and
to develop and strengthen victim services in cases involving violent
crimes against women.
(b) Grantees shall develop plans for implementation and shall
consult and coordinate with, to the extent that they exist, tribal law
enforcement; prosecutors; courts; and non-profit, non-governmental
victim services programs, including sexual assault and domestic
violence victim services programs. The goal of the planning process
should be to achieve better coordination and integration of law
enforcement, prosecution, and victim services in the prevention,
identification, and response to cases involving violence against women.
Sec. 90.52 Eligible Purposes.
(a) Grants under this program may provide personnel, training,
technical assistance, evaluation, data collection and equipment for the
more widespread apprehension, prosecution, and adjudication of persons
committing violent crimes against women.
(b) Grants may be used for the following purposes (Section
2001(b)):
(1) Training law enforcement officers and prosecutors to identify
and respond more effectively to violent crimes against women, including
the crimes of sexual assault and domestic violence;
(2) Developing, training, or expanding units of law enforcement
officers and prosecutors specifically targeting violent crimes against
women, including the crimes of sexual assault and domestic violence;
(3) Developing and implementing more effective police and
prosecution policies, protocols, orders, and services specifically
devoted to preventing, identifying, and responding to violent crimes
against women, including the crimes of sexual assault and domestic
violence;
(4) Developing, installing, or expanding data collection and
communication systems, including computerized systems, linking police,
prosecutors, and courts or for the purpose of identifying and tracking
arrests, protection orders, violations of protection orders,
prosecutions, and convictions for violent crimes against women,
including the crimes of sexual assault and domestic violence;
(5) Developing, enlarging, or strengthening victim services
programs, including sexual assault and domestic violence programs;
providing specialized domestic violence court advocates in courts where
a significant number of protection orders are granted; and increasing
reporting and reducing attrition rates for cases involving violent
crimes against women, including crimes of sexual assault and domestic
violence;
(6) Developing, enlarging, or strengthening programs addressing
stalking; and
(7) Developing, enlarging, or strengthening programs addressing the
needs and circumstances of Indian tribes in dealing with violent crimes
against women, including the crimes of sexual assault and domestic
violence.
Sec. 90.53 Eligibility of Indian Tribal Governments.
(a) General. Indian tribes as defined by Section 90.2 of this Part
shall be eligible for grants under this Subpart.
(b) Rape exam payment requirement. (1) An Indian tribal government
shall not be entitled to funds under this program unless the Indian
tribal government (or other governmental entity) incurs the full costs
of forensic medical exams for victims of sexual assault.
(2) An Indian tribal government shall be deemed to incur the full
cost of forensic medical exams for victims of sexual assault if, where
applicable, it meets the requirements of Sec. 90.14(b) or establishes
that another governmental entity is responsible for providing the
services or reimbursements meeting the requirements of Sec. 90.14(b).
(c) Filing costs for criminal charges requirement. An Indian tribal
government shall not be entitled to funds under this Part unless the
Indian tribal government:
(1) Certifies that its laws, policies, and practices do not
require, in connection with the prosecution of any misdemeanor or
felony domestic violence offense, that the victim bear the costs
associated with the filing of criminal charges against the domestic
violence offender, or the costs associated with the issuance or service
of a warrant, protection order, witness subpoena; or
(2) Assures that its laws, policies and practices will be in
compliance with the requirements of paragraph (a) of this section by
September 13, 1996. (Section 2006).
Sec. 90.54 Allocation of Funds.
(a) 4% of the total amounts appropriated for this program under
Section 2002(b) shall be available for grants directly to Indian tribal
governments.
(b) Indian tribal governments may make individual applications, or
apply as a consortium.
(c) Limited funding restricts the awarding of grants to
approximately fifteen to twenty awards in FY 1995. The selection
process will be sensitive to the differences among tribal governments
and will take into account the applicants' varying needs in addressing
violence against women.
Sec. 90.55 Matching Requirements.
A grant made to an Indian tribal government under this subpart C
may not be expended for more than 75% of the total costs of the
projects specified in the application. Applicants should submit a
budget which identifies the source of the 25% matching funds. Funds
appropriated by the Congress for the activities of any agency of an
Indian tribal government or the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands may be used to provide
matching share of the cost of programs or projects funded. An Indian
tribal government may also satisfy the 25% match through in-kind
services. All funds designated as match are restricted to the same uses
as the grant funds and must be expended within the grant period.
Sec. 90.56 Non-supplantation.
Federal funds received under this part shall be used to supplement,
not supplant funds that would otherwise be available for expenditure on
activities described in this part. (Section 2002(c)(4))
Sec. 90.57 Application Content.
(a) Format. Applications from the Indian tribal groups for
discretionary grants to Combat Violence Against Women must, under this
subpart, be submitted on Standard Form 424, Application for Federal
Assistance, at a time specified by the Office of Justice Programs.
(b) Programs. (1) Applications must set forth programs and projects
for a one year period which meet the purposes and criteria of the
Grants to Combat Crimes Against Women program set out in Section
2001(b) and Sec. 90.12.
(2) Plans should be developed by consulting with tribal law
enforcement, prosecutors, courts, and victim services, to the extent
that they exist. Applicants are also encouraged to integrate into their
plans traditional models of dispute resolution, such as peacemaker
forums. Additionally, tribes may want to develop a domestic violence
code, if one is not already in place, to facilitate the implementation
of strategies which have reduced violence against women in other court
systems.
(c) Requirements. Applicants in their applications shall at the
minimum:
(1) Describe the project or projects to be funded.
(2) Agree to cooperate with the National Institute of Justice in a
Federally-sponsored evaluation of their projects,
(d) Certifications. (1) As required by Section 2002(c) each Indian
tribal government must certify in its application that it has met the
requirements of this subpart regarding the use of funds for eligible
purposes (Sec. 90.52); and non-supplantation (Sec. 90.56).
(2) A certification that all the information contained in the
application is correct, that all submissions will be treated as a
material representation of fact upon which reliance will be placed,
that any false or incomplete representation may result in suspension or
termination of funding, recovery of funds provided, and civil and/or
criminal sanctions.
Sec. 90.58. Evaluation.
The National Institute of Justice will conduct an evaluation of
these programs.
Sec. 90.59 Grantee Reporting.
(a) Upon completion of the grant period under this part, an Indian
tribal grantee shall file a performance report with the Assistant
Attorney General for the Office of Justice Programs explaining the
activities carried out, including an assessment of the effectiveness of
those activities in achieving the purposes of this subpart. Section
2002(h)(1).
(b) The Assistant Attorney General shall suspend funding for an
approved application if:
(1) An applicant fails to submit an annual performance report;
(2) Funds are expended for purposes other than those described in
this subchapter; or
(3) A report under this Section or accompanying assessments
demonstrate to the Assistant Attorney General that the program is
ineffective or financially unsound.
Laurie Robinson,
Assistant Attorney General, Office of Justice Programs.
[FR Doc. 94-31877 Filed 12-27-94; 8:45 am]
BILLING CODE 4410-18-M
