98-8105. National Sex Offender Registry Assistance Program (NSOR-AP)  

  • [Federal Register Volume 63, Number 59 (Friday, March 27, 1998)]
    [Notices]
    [Pages 14964-14969]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-8105]
    
    
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    DEPARTMENT OF JUSTICE
    
    Bureau of Justice Statistics
    [OJP(BJS)-1161]
    RIN 1121-ZA98
    
    
    National Sex Offender Registry Assistance Program (NSOR-AP)
    
    AGENCY: Office of Justice Programs, Bureau of Justice Statistics (BJS), 
    Justice.
    
    ACTION: Notice of program plan.
    
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    SUMMARY: The Bureau of Justice Statistics (BJS) is publishing this 
    notice to announce the establishment of the National Sex Offender 
    Registry Assistance Program (NSOR-AP) in Fiscal Year (FY) 1998. The 
    NSOR Assistance Program is a component of the BJS National Criminal 
    History Improvement Program (NCHIP). Copies of this announcement also 
    can be found on the Internet at http://www.ojp.usdoj.gov/bjs/.
    
    FOR FURTHER INFORMATION CONTACT: Carol G. Kaplan at (202) 307-0759 
    (this is not a toll free number).
    
    SUPPLEMENTARY INFORMATION:
    
    Program Goals
    
        The BJS National Sex Offender Registry Assistance Program (NSOR-AP) 
    supports the President's goal of establishing an effective national 
    registry of convicted sex offenders. The registry will ensure that 
    accurate and complete information about convicted sex offenders is 
    appropriately made available to law enforcement to protect the public 
    and prevent further victimizations. Specifically, the program will help 
    states ensure that:
        (1) State sex offender registries identify, collect, and properly 
    disseminate relevant information that is consistent, accurate, 
    complete, and up-to-date;
        (2) States establish appropriate interfaces with the FBI's national 
    system so that State registry information on sex offenders can be 
    obtained and tracked from one jurisdiction to another.
    
    Background
    
        Establishment of an effective national sex offender registry that 
    is capable of providing instant access to data on sex offender location 
    on an interstate basis is a national priority.
        In his Order dated June 25, 1996, President Clinton directed that 
    Attorney General Reno develop a plan for a national sex offender 
    registry by August 1996. In her response, submitted to the President on 
    August 22, 1996, the Attorney General stressed the DOJ commitment to 
    establishment of a sex offender registry and indicated that achievement 
    of this goal would be achieved through a coordinated effort involving 
    the FBI (the agency that will maintain and operate the National Sex 
    Offender Registry), the National Law Enforcement Telecommunications 
    System (NLETS) (the system through which States will communicate 
    registry information between and among themselves and the FBI), and the 
    States (which have primary responsibility for gathering data on sex 
    offenders for use within the State and input into the national system). 
    In addition, subsequent amendments to 42 U.S.C. 14072 require the 
    establishment of such a registry and amendments to 42 U.S.C. 14071 
    require States to participate in the Registry as a condition of 
    eligibility for full Byrne grant funding.
        The permanent National Sex Offender Registry File will be developed 
    as part of the FBI's NCIC-2000 project and will include a fingerprint 
    and photo (``mugshot'') image of the registered offender. The file will 
    be a ``hot file'' and be accessible to authorized users without 
    submitting fingerprints. As reported in the Attorney General's August 
    1996 response to the President, the accelerated date for the permanent 
    system to be in place is mid-1999.
        Pending establishment of the permanent system, an interim national 
    pointer system has been established by the FBI, that flags criminal 
    history records of persons whom States identify as being registered as 
    sex offenders. This is similar to the procedure used in the ``Flash'' 
    system that identifies parolees and probationers. Inquiries that result 
    in a ``hit'' identify the State registry that holds the full 
    information on an offender. Inquiring criminal justice agencies may use 
    NLETS (or phone or paper) to request more detailed information. Flags 
    are set based on input from each of the States. As of March 4, 1998, 
    the FBI indicates that 23 States are providing data to the interim 
    system and that an estimated 31,590 records are currently flagged.
        Available information indicates that all States operate some type 
    of sex offender registry at this time. In order, however, for the 
    national system to permit law enforcement in each State to have 
    information on offenders initially released in other States, or 
    traveling throughout the Nation, these individual
    
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    registries must be automated, accurate, and interfaced with the 
    national system on a timely basis.
        The BJS National Sex Offender Registry Assistance Program (NSOR-AP) 
    is designed to help States ensure that State sex offender registries 
    identify, collect, and properly disseminate relevant information that 
    is consistent, accurate, complete and up-to-date. Additionally, the 
    program will help States establish appropriate interfaces with the 
    FBI's national system so that State registry information on sex 
    offenders can be obtained and tracked from one jurisdiction to another.
        The BJS NSOR-AP program will also assist States in meeting relevant 
    requirements of current Federal legislation (The Jacob Wetterling 
    Crimes Against Children and Sexually Violent Offender Registration Act 
    , Megan's Law, and the Pam Lychner Sexual Offender Tracking and 
    Identification Act (42 U.S.C. 14071, 14072), as amended by section 115 
    of the general provisions of Title I of the Departments of Commerce, 
    Justice, and State, the Judiciary and Related Agencies Appropriation 
    Act of 1998, P.L. 105-119) and applicable State standards.
    
    Appropriation and Assistance Program
    
        The FY 1998 BJS appropriation includes $25 million to support the 
    national sex offender registry. Funds will be awarded to States under 
    the BJS National Sex Offender Registry Assistance Program (NSOR-AP), 
    which is a discretionary award component of the overall BJS National 
    Criminal History Improvement Program (NCHIP). All States will be 
    eligible for an award under the NSOR-AP program.
    
    Application and Award Process
    
        Only one application will be accepted from each State. The 
    application must be submitted by the agency designated by the Governor 
    to administer the NSOR assistance program. Where the designated agency 
    is the same as the designated NCHIP agency, a separate application must 
    be submitted for NSOR-AP funds and NCHIP funds. A State may choose to 
    submit its application as part of a multistate consortium or other 
    entity. In such case, the application should include a statement of 
    commitment from each State and be signed by an individual designated by 
    the Governor of each participating State. The application should also 
    indicate specific responsibilities and include a separate budget for 
    each State.
    
    Timing
    
        To be eligible for 1998 NSOR-AP funds, an application must be 
    submitted to BJS by April 15, 1998.
        Awards normally will be for 12 months, although a longer period can 
    be approved with sufficient justification. Project activity may be 
    initiated after July 1, 1998, but no later than September 1998. In the 
    event that an award is made before July 1, 1998, the applicant may 
    request an earlier start up date. Applications must contain an end date 
    no later than December 31, 1999.
    
    Allocation of Funds Within the State
    
        The agency designated to apply for and receive the NSOR-AP award 
    may allocate the funds within the State consistent with State policy 
    and goals. Although it is anticipated that the majority of funds will 
    be utilized at the State level to directly support development of the 
    State registry and interfaces with the national system, funds may be 
    directed to local agencies requiring assistance in connection with, for 
    example, input of data. States should be particularly aware of the key 
    role played by courts in development of registry information and of 
    special needs of Indian tribes.
    
    Interface With the FBI's National Sex Offender Registry System
    
        Regular input to the FBI's national system is a key goal of this 
    assistance program. Accordingly, States that are not currently 
    submitting information to the FBI's national registry at the time of 
    their application for funding are encouraged to request funding to 
    accomplish this goal by September 30, 1998. All applications must 
    either indicate that the State is already submitting information or 
    specify the date(s) by which data will be provided to the FBI's interim 
    and/or permanent system.
    
    Program Narrative
    
        In addition to the requirements set forth in Appendix A, the 
    National Sex Offender Registry Assistance Program (NSOR-AP) application 
    should include the following parts.
    Part I. Background
        This section should include a short description of the status of, 
    and plans for, those aspects of the State sex offender registry that 
    are necessary for understanding the application. In particular, the 
    discussion should indicate whether the registry is automated in whole 
    or in part and describe the process for data input and dissemination to 
    law enforcement agencies within the State. The section should also 
    indicate whether data is being sent electronically to the FBI and the 
    categories of persons eligible to access registry data. Where funds are 
    requested for fingerprint or mugshot equipment, the section should 
    indicate the status of fingerprint or mugshot capability at the 
    registry and among local agencies charged with data input. The 
    applicant should also indicate whether any coordination arrangements 
    exist with neighboring States or Indian tribes.
    Part II. Identification of Needs
        This section should identify those areas and problems that the 
    applicant State believes should be addressed to upgrade the functioning 
    of the State registry and its interface with the national system, 
    consistent with Federal and State legislative requirements.
    Part III. Program Description
        This section should describe specific tasks to be undertaken with 
    requested funds. Tasks to be undertaken should be listed in priority 
    order, with intended impact, budget requirements, and estimated dates 
    of completion. The application should indicate the means by which each 
    task will help the State achieve the goals of the program.
    Part IV. Coordination
        To ensure that the NSOR program fully supports the President's 
    goals and furthers the overall DOJ efforts to establish a national sex 
    offender registry, BJS will closely coordinate the NSOR-AP program with 
    relevant offices within the Department of Justice, including the Office 
    of Justice Programs, and the FBI. Similar coordination is expected 
    between the State's agency responsible for the State sex offender 
    registry and other interested State and local agencies and Indian 
    tribes.
        To ensure coordination of Federal funding efforts, the application 
    should include information on current awards or pending applications 
    for Federal funding to support activities for which funds are being 
    requested in the current NSOR-AP application. Where relevant, such 
    information should indicate the amount of the other award, the grantor 
    agency, and the program purpose.
    Part V. Timetable
        This section should set forth a timetable for all tasks proposed to 
    be funded under the award. The section should also include a statement 
    assuring that the State currently is submitting data to the FBI 
    national sex offender registry system, or set forth a timetable by 
    which such a link will be effectuated.
    
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    Part VI. Fund Allocation and Budget
        This section should identify the agencies or governmental 
    components that will receive funds under the award. In particular, the 
    application should specify the level of funds or other benefits that 
    will be directed for the courts or Indian tribes. The application 
    should identify those agencies to receive funds under the award and 
    indicate the fiscal arrangements to accomplish fund transfer if the 
    recipient agency is not the implementing agency. The budget should 
    provide details for expenses in required categories (see Appendix A, 
    Application Content). Please note that allocation of funds to other 
    States and local agencies is considered a contractual arrangement under 
    federal budgeting categories.
    
    Review and Funding Criteria
    
        States should understand that full funding may not be possible for 
    all proposed activities. Allocation of funds will be based on the 
    amount requested and the following factors:
        (1) The extent to which proposed tasks will ensure that the 
    applicant State becomes a fully-functional part of the FBI's National 
    Sex Offender Registry;
        (2) The extent to which activities to be supported under the award 
    will, by virtue of the number of sex offenders in the State, the level 
    of technical development in the State, geographic or demographic 
    factors, current operating procedures and requirements, or other 
    related factors, be expected to have a major impact on availability of 
    information about sex offenders, both within the State and nationally;
        (3) The proposed use or enhancement of innovative procedures that 
    may be of value to other jurisdictions;
        (4) The technical feasibility of the proposal and the extent to 
    which the proposal appears reasonable in light of the State's current 
    level of system development and statutory framework;
        (5) Reasonableness of the budget;
        (6) Nature of the proposed expenditures; and
        (7) The reasonableness of the relationship between the proposed 
    activities and the current status of the State system in terms of 
    technical development, legislation, current fiscal demands and future 
    operating costs.
    
    Funding and Allowable Costs
    
        Funds may be used for the following purposes:
        1. Automate and enhance automation of registries--Funds may be used 
    to automate and/or upgrade the automation of the State sex offender 
    registry. Eligible costs also include automating linkage between the 
    registry and law enforcement agencies within the State, and developing 
    and implementing procedures to transfer information to the FBI. Funds 
    may only be used for procedures that are compatible with the FBI 
    system.
        2. Improve online access for law enforcement across the State--
    Funds may be used to create linkage with local radio dispatchers or 
    computerized methods of dissemination as a mean of providing timely 
    access to registry data to officers in the field. Funds may not be used 
    for purchase of individual equipment to be used by law enforcement 
    officers in the field.
        3. Support automated input from courts, corrections and other 
    agencies and entities responsible for transmitting registry data--Funds 
    may be used to automate and develop procedures for automated 
    transmission of data from courts, correctional agencies and other 
    responsible agencies and entities to the registry. This may entail 
    direct transfer of funds to these components of the criminal justice 
    system. Allowable costs may include in-house automation, but only to 
    the extent that such efforts are directly related to the transmission 
    of sex offender data to the registry. Where funds are requested for 
    automation of court, correctional or other records, the application 
    should indicate the proportion of activity related to the 
    identification and/or transmission of records for use in the sex 
    offender registry.
        4. Develop procedures and software to permit automated input to 
    interim or permanent FBI system--Funds may be used for hardware, 
    software and development, implementation, and training in procedures to 
    support automated input to the FBI's interim or permanent sex offender 
    registry system.
        5. Develop procedures and provide appropriate training to persons 
    responsible for inputting data (including registrants)--Funds may be 
    used to purchase equipment and develop/implement technical procedures 
    to facilitate registration of offenders. Funds may also be used to 
    develop procedures and train personnel to ensure that complete 
    information is inputted to the system on a timely basis. Funds may also 
    be used to develop procedures to advise registrants of reporting 
    responsibilities and to establish and implement protocols for them to 
    fulfill this requirement.
        6. Purchase automated fingerprint equipment and develop procedures 
    and protocols--Funds may be used to purchase equipment, develop 
    procedures, and implement protocols for fingerprinting registrants 
    entering a State system from another jurisdiction (or where otherwise 
    not identifiable within the State). This may include purchase of 
    livescan equipment for local agencies. Where funds are to be used for 
    this purpose, the application should demonstrate that funds can be 
    justified on the basis of geographic, population, traffic or other 
    related factors. Livescan can only be purchased where the State has 
    established an Automated Fingerprint Identification System (AFIS) and 
    either has implemented or is implementing procedures to ensure that the 
    AFIS is compatible with FBI standards.
        7. Establish mugshot identification capability--Funds may be used 
    for purchase of equipment and development/implementation of procedures 
    to include mugshots of registrants for use either within the State or 
    for transmission to the FBI at such time as that capability becomes 
    available. Mugshot support community notification and law enforcement 
    use of the registry as a tool for identification and apprehension of 
    suspects. States requesting funds for this use must justify the 
    location of the equipment in terms of geography, population, traffic, 
    and demography and ensure that equipment to be used at the local or 
    county level includes the capability for transmission of images to the 
    registry for use throughout the State. All equipment and software 
    purchased or developed with funds under the award must be compatible 
    with FBI standards.
        8. Review existing records (both manual and automated) to identify 
    previously convicted individuals for inclusion in the registry and/or 
    develop flagging software to identify qualifying criminal history 
    records--Where consistent with State legislation, funds may be used for 
    review of existing records to identify, flag, and transmit data from 
    records of previously released offenders who qualify for inclusion in 
    the registry. This may include a review of juvenile records where 
    consistent with State law or practice.
        9. Establish operating procedures to ensure that data in the 
    registries are accurate and complete--In order for the national 
    registry to be reliable and beneficial to the law enforcement 
    community, data submitted from States must be both accurate and 
    complete. Funds may be used to develop and implement procedures and 
    software, provide relevant training, ensure that changes in status are 
    recorded and transmitted to the FBI, and ensure that both the State 
    data and the data at the FBI are accurate, up to date and complete.
    
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        10. Evaluate, audit, provide training, and participate at national/
    regional/local conferences and training sessions--Funds may be used to 
    audit or evaluate current operations or needs, in order to identify 
    necessary system enhancements and/or modifications. Funds may also be 
    used to collect data on transactions to and from the registry, 
    utilization patterns, or any related information. States must agree to 
    cooperate with BJS and DOJ supported evaluation efforts and with 
    statistical analysis conducted pursuant to other awards made by BJS. 
    Where necessary, funds may be used to meet this requirement.
        Funds may also be used to sponsor training programs to support 
    registry operations and to send up to two representatives to two 
    workshops/meetings/conferences focusing on operation of the State or 
    national sex offender registry. Additional funds may be used to support 
    additional participation at meetings with prior BJS approval.
        11. Make registry data available for background checks--Funds may 
    be used to purchase equipment and develop software to permit the 
    disclosure of registry data in connection with background checks or 
    other purposes as authorized by State or Federal legislation.
        The program does not require either ``hard'' (cash) or ``soft'' 
    (in-kind) matching funds. Indications of State support, however, may be 
    interpreted as expressions of commitment by the State to the program. 
    Additionally, all applicants must agree to participate in evaluations 
    sponsored by the Federal Government. The NSOR-AP program is intended to 
    support the national sex offender registry by assisting States to 
    develop and enhance State registries that feed into the national 
    system. Costs of regular operating expenditures are not, therefore, 
    covered under the program.
    
    Application and Administrative Requirements
    
    Application Content
    
        All applicants must submit:
         Standard Form 424, Application for Federal Assistance.
         Budget Detail Worksheet (replaced the SF 424A, Budget 
    Information).
         OJP Form 4000/3 (Rev. 1-93), Program Narrative and 
    Assurances.
         OJP Form 4061/6 Certification Regarding Lobbying, 
    Debarment, Suspension, and Other Responsibility Matters; Drug-Free 
    Workplace Requirements.
         OJP Form 7120/1 (Rev. 1-93), Accounting System and 
    Financial Capability Questionnaire (to be submitted by applicants who 
    have not previously received Federal funds).
        Applicants are requested to submit an original and two copies of 
    the application and certifications to the following address: 
    Application Coordinator, Bureau of Justice Statistics, 810 7th Street, 
    NW., Washington, DC 20531; Phone: (202) 616-3500.
        Standard Form 424 (SF-424). The SF-424, a one-page sheet with 18 
    items, serves as a cover sheet for the entire application. This form is 
    required for every application for Federal assistance. NO APPLICATION 
    CAN BE ACCEPTED WITHOUT A COMPLETED, SIGNED ORIGINAL SF-424. Directions 
    to complete each item are included on the back of the form.
        Budget Detail Worksheet. Applicants must provide a detailed 
    justification for all costs, including the basis for computation of 
    these costs. For example, the detailed budget would include the 
    salaries of staff involved in the project and the portion of those 
    salaries to be paid from the award; fringe benefits paid to each staff 
    person; travel costs related to the project; equipment to be purchased 
    with the award funds; and supplies required to complete the project. 
    Budget narrative. The budget narrative should detail costs included in 
    each budget category for the Federal and the non-Federal (in-kind and 
    cash) share. The purpose of the budget narrative is to relate items 
    budgeted to project activities and to provide justification and 
    explanation for budget items, including criteria and data used to 
    arrive at the estimates for each budget category. The budget narrative 
    should also indicate amounts to be made available to agencies other 
    than the grant recipient (for example, the agency with responsibility 
    for CCH, the courts, local agencies.) The following information is 
    provided to assist the applicant in developing the budget narrative.
        a. Personnel category. List each position by title (and name of 
    employee if available), show annual salary rate and percentage of time 
    to be devoted to the project by the employee. Compensation paid for 
    employees engaged in federally assisted activities must be consistent 
    with that paid for similar work in other activities of the applicant.
        b. Fringe benefits category. Indicate each type of benefit included 
    and explain how the total cost allowable for employees assigned to the 
    project is computed.
        c. Travel category. Itemize travel expenses of project personnel by 
    purpose (e.g., faculty to training site, field interviews, advisory 
    group meetings, etc.) And show basis or computation (e.g., ``Five trips 
    for x purpose at $80 average cost--$50 transportation and two days per 
    diem at $15'' or ``Six people to 30-day meeting at $70 transportation 
    and $45 subsistence.'') In training projects where travel and 
    subsistence for trainees is included, this should be separately listed 
    indicating the number of trainees and the unit costs involved.
        (1) Identify the tentative location of all training sessions, 
    meetings, and other travel.
        (2) Applicants should consult such references as the Official 
    Airline Guide and the Hotel and Motel Redbook in projecting travel 
    costs to obtain competitive rates.
        d. Equipment. List each type of equipment to be purchased or rented 
    with unit or monthly costs.
        e. Supplies. List items within this category by major type (office 
    supplies, training materials, research forms, postage) and show basis 
    for computation. Provide unit or monthly estimates.
        f. Contractual category. State the selection basis for any 
    contract, subcontract, prospective contract or prospective subcontract 
    (including construction services and equipment.) Please note, 
    applications that include noncompetitive contracts for the provision of 
    specific services must contain a sole source justification for any 
    procurement in excess of $100,000.
        For individuals to be reimbursed for personal services on a fee 
    basis, list by name or type of consultant or service, the proposed fee 
    (by day, week, or hour) and the amounts of time to be devoted to such 
    services.
        For construction contracts and organization (including professional 
    associations and education institutions performing professional 
    services), indicate the type of service to be performed and the 
    estimated contract cost data.
        g. Construction category. Describe construction or renovation which 
    will be accomplished using grant funds and the method used to calculate 
    cost.
        h. Other category. Include under ``other'' such items as rent, 
    reproduction, telephone, and janitorial or security services. List 
    items by major type with basis of computation shown. (Provide square 
    footage and cost per square foot for rent--provide local and long 
    distance telephone charges separately.)
        i. Indirect charges category. The Agency may accept an indirect 
    cost rate previously approved for an applicant by a Federal agency. 
    Applicants must
    
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    enclose a copy of the approved rate agreement with the grant 
    application.
        j. Program income. If applicable, provide a detailed estimate of 
    the amount of program income to be generated during the grant period 
    and its proposed application (to reduce the cost of the project or to 
    increase the scope of the project). Also, describe the source of 
    program income, listing the rental rates to be obtained, sale prices of 
    publications supported by grant funds, and registration fees charged 
    for particular sessions. If scholarships (covering, for example, 
    registration fees) are awarded by the organization to certain 
    conference attendees, the application should identify the percentage of 
    all attendees that are projected as ``scholarship'' cases and the 
    precise criteria for their selection.
        Program narrative. All applications must include a program 
    narrative that fully describes the expected design and implementation 
    of the proposed program. OJP Form 4000/3 (Rev. 1-93) provides 
    additional detailed instructions for preparing the program narrative.
        The narrative should include a time line of activities indicating, 
    for each proposed activity, the projected duration of the activity, 
    expected completion date, and any products expected. The application 
    should include a description of the roles and responsibilities of key 
    organizational and/or functional components involved in project 
    activities; and a list of key personnel responsible for managing and 
    implementing the major elements of the program. Assurances. OJP Form 
    4000/3 (Rev 1-93) must be included in the application submission. If 
    submitting this form separate from the SF-424, the applicant must sign 
    and date the form to certify compliance with the Federal statutes, 
    regulations, and requirements as cited.
        Certification Regarding Lobbying; Debarment, Suspension, and Other 
    Responsibility Matters; and Drug-Free Workplace. Applicants should 
    refer to the regulations cited in OJP Form, 4061/6 to determine the 
    certification to which they are required to attest. A copy of OJP Form 
    4061/6 can be obtained from the BJS Application Coordinator. Applicants 
    should also review the instructions for certification included in the 
    regulations before completing this form. Signature of this form 
    provides for compliance with certification requirements under 28 CFR 
    Part 69, ``New Restrictions on Lobbying,'' and 28 CFR Part 67, 
    ``Government-wide Debarment and Suspension (Nonprocurement) and 
    Government-wide Requirements for Drug-Free Workplace (Grants).'' The 
    certifications shall be treated as a material representation of fact 
    upon which reliance will be placed when the U.S. Department of Justice 
    determines to award the covered transaction, grant, or cooperative 
    agreement.
    
    Financial and Administrative Requirements
    
        Discretionary grants are governed by the provisions of OMB 
    Circulars applicable to financial assistance. The circulars, in 
    addition to the OJP Financial Guide, are available from the Office of 
    Justice Programs. This guideline manual is intended to assist grantees 
    in the administration of funds and includes information on allowable 
    costs, methods of payment, Federal rights of access to records, audit 
    requirements, accounting systems, and financial records.
        Complete and accurate information is required relative to the 
    application, expenditure of funds, and program performance. The 
    consequences of failure to comply with program guidelines and 
    requirements will be determined at the discretion of the Department.
    
    Civil Rights Obligations
    
        All applicants for Federal financial assistance must sign Certified 
    Assurances that they are in compliance with the Federal laws and 
    regulations which prohibit discrimination in any program or activity 
    that receives such Federal funds. Section 809(c), Omnibus Crime Control 
    & Safe Streets Act of 1968, provides that:
        No person in any State shall on the ground of race, color, 
    religion, national origin, or sex be excluded from participation in, be 
    denied the benefits of, or be subjected to discrimination under, or 
    denied employment in connection with any program or activity funded in 
    whole or in part with funds made available under this title.
        Section 504 of the Rehabilitation Act of 1973, and Title II of the 
    Americans With Disabilities Act prohibit discrimination on the basis of 
    disability.
        The applicant agency must discuss how it will ensure 
    nondiscriminatory practices as they relate to:
        (1) Delivery of services or benefits--to ensure that individuals 
    will not be denied access to services or benefits under the program or 
    activity on the basis of race, color, religion, national origin, 
    gender, age, or disability;
        (2) Employment practices--to ensure that its personnel in the 
    program or activity are selected for employment without regard to race, 
    color, religion, national origin, gender, age, or disability; and
        (3) Program participation--to ensure members of any planning, 
    steering or advisory board, which is an integral part of the program or 
    activity, are not excluded from participation on the basis of race, 
    color, religion, national origin, gender, age or disability; and to 
    encourage the selection of such members who are reflective of the 
    diversity in the community to be served.
    
    Audit Requirement
    
        In October 1984, Congress passed the Single Audit Act of 1984. On 
    April 12, 1985, the Office of Management and Budget issued Circular A-
    128, ``Audits of State and Local Governments'' which establishes 
    regulations to implement the Act. OMB Circular A-128, ``Audits of State 
    and Local Governments,'' outlines the requirements for organizational 
    audits which apply to BJS grantees.
    
    Disclosure of Federal Participation
    
        Section 8136 of the Department of Defense Appropriations Act 
    (Stevens Amendment), enacted in October 1988, requires that, ``when 
    issuing statements, press releases for proposals, bid solicitations, 
    and other documents describing projects or programs funded in whole or 
    in part with Federal money, all grantees receiving Federal funds, 
    including but not limited to State and local governments, shall clearly 
    state (1) the percentage of the total cost of the program or project 
    which will be financed with Federal money, and (2) the dollar amount of 
    Federal funds for the project or program.''
    
    Intergovernmental Review of Federal Programs
    
        Federal Executive Order 12372, ``Intergovernmental Review of 
    Federal Programs,'' allows States to establish a process for reviewing 
    Federal programs in the State, to choose which programs they wish to 
    review, to conduct such reviews, and to make their views known to the 
    funding Federal agency through a State ``single point of contact.''
        If the State has established a ``single point of contact,'' and if 
    the State has selected this program to be included in its review 
    process, the applicant must send a copy of its letter or application to 
    the State ``single point of contact'' at the same time that it is 
    submitted to BJS. The letter or application submitted to BJS must 
    indicate that this has been done. The State must complete its review 
    within 60 days. The review period will begin on the date that the 
    letter or application is officially received by BJS. If BJS does not 
    receive comments from the State's ``single point
    
    [[Page 14969]]
    
    of contact'' by the end of the review period, this will be interpreted 
    as a ``no comment'' response.
        If the State has not established a ``single point of contact,'' or 
    if it has not selected the BJS statistics development or criminal 
    history improvement programs in its review process, this must be stated 
    in the letter or application.
    Jan M. Chaiken,
    Director, Bureau of Justice Statistics.
    [FR Doc. 98-8105 Filed 3-26-98; 8:45 am]
    BILLING CODE 4410-18-P
    
    
    

Document Information

Published:
03/27/1998
Department:
Justice Programs Office
Entry Type:
Notice
Action:
Notice of program plan.
Document Number:
98-8105
Pages:
14964-14969 (6 pages)
Docket Numbers:
OJP(BJS)-1161
RINs:
1121-ZA98
PDF File:
98-8105.pdf