[Federal Register Volume 60, Number 74 (Tuesday, April 18, 1995)]
[Rules and Regulations]
[Pages 19474-19483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9615]
[[Page 19473]]
_______________________________________________________________________
Part III
Department of Justice
_______________________________________________________________________
Office of Justice Programs
_______________________________________________________________________
28 CFR Part 90
STOP Violence Against Women Formula and Discretionary Grants Program
(Grants to Combat Violent Crimes Against Women); Final Rule
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules
and Regulations
[[Page 19474]]
DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 90
[OJP No. 1015F]
RIN 1121-AA27
STOP Violence Against Women Formula and Discretionary Grants
Program (Grants to Combat Violent Crimes Against Women)
AGENCY: U.S. Department of Justice, Office of Justice Programs.
ACTION: Final rule.
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SUMMARY: The Violence Against Women Program Office, Office of Justice
Programs (OJP), U.S. Department of Justice is publishing final
regulations governing the implementation of the STOP (Services
Training Officers Prosecutors) Violence
Against Women Formula and Discretionary Grants Program, hereafter
referred to as the Program, authorized by Title IV of the Violent Crime
Control and Law Enforcement Act of 1994.
DATES: The final rule is effective April 18, 1995.
ADDRESSES: The Office of Justice Programs, Violence Against Women
Program Office, 633 Indiana Avenue NW., 4th Floor, Washington, DC 20531
is responsible for implementing this final rule.
FOR FURTHER INFORMATION CONTACT: The Department of Justice Response
Center at 1-800-421-6770 or (202) 307-1480, or Kathy Schwartz,
Administrator, Violence Against Women Program Office, Office of Justice
Programs (202) 307-6026.
SUPPLEMENTARY INFORMATION: The Violence Against Women Act (VAWA), as
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). The 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 the 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. Offices and agencies of State government, units
of local government, Indian tribal governments, and nonprofit,
nongovernmental victim services programs are eligible to apply to
States for subgrants under Subpart B of these regulations. Indian
tribal governments are also eligible to apply directly to the Office of
Justice Programs for discretionary grants under Subpart C of these
regulations.
On December 28, 1994, the Office of Justice Programs published a
proposed rule on the implementation of the Violence Against Women
Formula and Discretionary Grants Program (``Grants to Combat Violent
Crime Against Women Program'') in the Federal Register (Volume 59, No.
258, page 66830). Comments were specifically solicited regarding, 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 that exempts sexual
assault victims from paying out-of-pocket costs with regard to forensic
medical exams (Section 90.14 of Subpart B of this regulation).
(2) Whether the scope of the services identified in Section 90.2(b)
of Subpart A (the definition of forensic examination) of this proposed
regulation adequately covers the needs of victims and prosecutors.
(3) The special needs of Indian tribal governments in implementing
the discretionary grants program authorized by the Violence Against
Women Act.
(4) The scope of the impact on States, units of local government,
and Indian tribal governments of the mandate 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 (Section 90.15 of Subpart B of this
regulation).
(5) Approaches to addressing allocation and distribution
requirements applicable to States, as set out in Section 90.16 of
Subpart B, in making subgrants to units of local government.
The Office of Justice Programs received 69 letters commenting on
the proposed regulations: 24 from State and local government agencies
(including district attorneys, criminal justice planning agencies, and
health and human service departments); 16 from Statewide domestic
violence coalitions; 14 from local victim services programs; 10 from
national organizations and public interest groups; 2 from Members of
the United States Congress; 2 from concerned citizens; and 1 from an
Indian tribal government. The Office of Justice Programs gratefully
acknowledges the agencies, organizations, and individuals who took the
time to express their views. Comments are on file at OJP's Violence
Against Women Program Office.
In preparing the Final rule, OJP is interpreting the scope of the
Program as broadly as possible while adhering closely to the letter and
spirit of the legislation. Language contained in the final regulations
has been modified to reflect the following changes:
The introductory paragraph, The Violence Against Women Act
of 1994, has been modified to emphasize the reduction of violence as
the intent of the Act.
Subparts B and C have been modified to incorporate the
name of the VAWA grant program, STOP Violence Against Women.
Sec. 90.1(b) has been modified to clarify that offices and
agencies of State government are eligible to apply for subgrants from
this Program, as well as units of local government, Indian tribal
governments, and nonprofit, nongovernmental victim services programs.
Sec. 90.2(a) has been modified to clarify that the
definition of domestic violence includes any crime of violence
considered to be an act of domestic violence according to State law.
Sec. 90.2(b) has been modified to clarify the minimum
procedures included in a forensic medical examination and to delete the
words ``lack of consent.''
Sec. 90.2(e) has been expanded to clarify that State
offices or agencies that provide prosecution support services may
receive grant funds and to set out some examples of functions and
services that can be supported.
Sec. 90.2(i) has been expanded to clarify the range of
programs eligible to receive grant funds designated as ``victim
services.''
Sec. 90.11(b) has been modified to clarify that grantees
and subgrantees shall develop the State implementation plan. In
addition, the phrase ``courts, probation and parole agencies'' has been
added to clarify that the goal of the planning process is the enhanced
coordination and integration of these, and other, components of the
criminal justice system.
Sec. 90.14 and Sec. 90.53 have been modified to
incorporate ``* * * full out-of-pocket costs * * *'' wherever
references are made to the forensic medical examination costs that
States must incur.
Sec. 90.14(a) and (c) have been expanded to define out-of-
pocket costs and to clarify a State's discretion in covering additional
costs. [[Page 19475]]
Sec. 90.16(a)(2) has been modified to clarify how funds
remaining after award of the base amount will be allocated, and to
specify that Indian tribal populations will not be included in a
State's population.
Sec. 90.16(a)(3) has been modified to add the word
``offices'' in reference to eligible subgrantees.
Sec. 90.16(b)(1) has been modified to clarify that States
should consider Indian reservations in assessing need.
Sec. 90.16(b)(4) has been modified to encourage States to
consider Indian populations in disbursing monies to previously
underserved populations.
Sec. 90.17 has been modified to clarify the matching
requirements and the permissibility of in-kind match.
Sec. 90.18 has been modified to clarify the non-
supplantation requirement.
Sec. 90.20(b) now addresses Application Requirements.
Sec. 90.20(b)(3) and (4) have been modified to replace the
words ``include proof of'' with the word ``certify.''
Sec. 90.23, previously entitled ``Grantee Reporting,'' now
describes the type of information that should be included in the State
Implementation Plan.
Sec. 90.24 now addresses grantee reporting requirements.
Sec. 90.51(b) and Sec. 90.57 have been modified to
encourage Indian tribal applicants to develop their implementation
plans through consultation with women in the communities to be served
as well as tribal law enforcement, prosecutors, courts, and victim
services agencies, to the extent they exist.
Sec. 90.54 has been modified to delete reference to a
specific number of discretionary grants that will be awarded.
Sec. 90.57(b)(2) has been modified to encourage tribal
applicants to integrate into their plans tribal methods of addressing
violent crimes against women.
Several suggested modifications were not incorporated into the
regulations.
No conditions have been imposed that would limit the
State's payment of the full out-of-pocket costs of forensic medical
examinations for victims of sexual assault, and the time frame for
compliance with this requirement has not been extended. This is a
legislatively-established requirement that States must meet to be
eligible to apply for these funds.
A uniform definition of ``advocacy'' has not been
incorporated into the Final Rule. ``Advocacy'' has different meanings
in different contexts, all of which may be appropriate for the various
groups involved in and benefiting from this grant program.
The States are not required to include the number of
violent crimes against women reported to law enforcement and the number
of those offenses prosecuted each year as a factor in determining the
allocation of funds. They may establish their own criteria for
allocating these funds, within the intent and parameters of the
Violence Against Women Act.
In developing their plans to implement this Program, the
States are not required to clearly articulate the cessation of violence
against women as the State's overriding purpose. States may establish
their own goals and objectives for this Program, within the parameters
of the Act.
A provision allowing Statewide victim services
organizations to seek a review by the Office of Justice Programs of any
State applications that does not adequately involve victim services
programs in the development of the State plan has not been incorporated
into the Final Rule. The Act does not specify the level of involvement
victim services programs must play in the development of the State plan
beyond requiring the States to consult and coordinate with them.
Development of sexual assault and domestic violence
prevention curricula for schools has not been included as a purpose for
which these grant funds may be used. Sections 40151 and 40251 of the
Violence Against Women Act authorize funds for the Department of Health
and Human Services to develop such educational programs, beginning in
Fiscal Year 1996.
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
Statistics report, Violence Against Women (January 1994), paint a grim
picture of violence against women in America:
Over two-thirds of violent crimes committed 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 and girls 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.
The second aspect of the problem is that only recently has 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
The Violence Against Women Act reflects a firm commitment towards
working to change the criminal justice system's response to violence
that occurs when any woman 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 restructuring and strengthening the
criminal justice response to women who have been, or potentially could
be, victimized by violence, we can more effectively ensure the safety
of all women.
Law Enforcement and Prosecution Grants To Reduce Violent Crimes
Against Women
For FY 1995, Congress appropriated $26 million to the Department of
Justice [[Page 19476]] 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 succeeding 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.
The Violence Against Women Act enumerates the following seven broad
purposes 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 that specifically target 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,
linguistic, and ethnic minorities, and the disabled, 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 amount appropriated each year
is available for Indian tribal governments through a discretionary
program. For FY 1995, the discretionary program will fund a limited
number of 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 proactive 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 the Act.
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 to distribute
their grant funds each year. 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 of varying geographic size
and areas with the greatest showing of need within the State. 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 medical examinations involving
sexual assault victims. Section 2005(a)(1). ``Full out-of-pocket
costs'' means any expense that may be charged to a victim in connection
with a forensic medical examination. 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 nonprofit, nongovernmental victim services programs,
including sexual assault and domestic violence victim services
programs.
Indian Tribal Governments Discretionary Program
The VAWA requires that 4% of the total funds be set aside for
Indian tribal governments. These funds may be used [[Page 19477]] 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. The 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 or prosecution. Nonetheless, program plans
should be developed through consultation with women in the community to
be served, and with tribal law enforcement, prosecutors, courts, and
victim services to the extent they exist. Applicants are also
encouraged to integrate into their plans tribal methods of dealing with
violent crimes against women. 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 be
eligible for funding under the discretionary program, Indian tribal
governments must comply with the forensic medical examination costs and
the filing and service fee requirements applicable to the State formula
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 the 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.
Administrative Requirements
The Final Rule implements a formula grant program that does not
impose any restrictive regulations on the States. The States will
benefit from immediate access to the funds available through this
program, and it would be contrary to the public interest to delay
implementation of the program. Therefore, the Final Rule is effective
immediately.
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 in 28 CFR Part 90
Grant programs, Judicial administration.
For the reasons set out in the preamble, Title 28, Chapter I of the
Code of Federal Regulations is 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--The STOP (Services Training Officers
Prosecutors) Violence Against Women Formula Grant Program
90.10 Description of STOP (Services Training
Officers Prosecutors) Violence Against Women Formula Grant
Program.
90.11 Program criteria.
90.12 Eligible purposes.
90.13 Eligibility.
90.14 Forensic medical examination 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 State implementation plan.
90.24 Grantee reporting.
Subpart C--Indian Tribal Governments Discretionary Grants Program
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.
90.59 Grantee reporting.
Authority: 42 U.S.C. 3711 et seq.
Subpart A--General Provisions
Sec. 90.1 General.
(a) This Part implements certain 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 the 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. Offices and agencies of
State government, units of local government, Indian tribal governments,
and nonprofit, nongovernmental 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. [[Page 19478]]
Sec. 90.2 Definitions.
(a) Domestic violence. (1) As used in this Part, ``domestic
violence'' includes felony or misdemeanor crimes of violence (including
threats or attempts) committed:
(i) By a current or former spouse of the victim;
(ii) By a person with whom the victim shares a child in common;
(iii) By a person who is co-habitating with or has co-habitated
with the victim as a spouse;
(iv) By a person similarly situated to a spouse of the victim under
domestic or family violence laws of the jurisdiction receiving grant
monies; or
(v) 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).
(2) For the purposes of this Program, ``domestic violence'' also
includes any crime of violence considered to be an act of domestic
violence according to State law.
(b) Forensic medical examination. The term ``forensic medical
examination'' means an examination provided to a sexual assault victim
by medical personnel trained to gather evidence of a sexual assault in
a manner suitable for use in a court of law.
(1) The examination should include at a minimum:
(i) examination of physical trauma;
(ii) determination of penetration or force;
(iii) patient interview; and
(iv) collection and evaluation of evidence.
(2) The inclusion of additional procedures (e.g., testing for
sexually transmitted diseases) to obtain evidence may be determined by
the State, Indian tribal government, or unit of local government in
accordance with its current laws, policies, and practices.
(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 the purposes of this Program, the term
``prosecution'' means any public office or agency charged with direct
responsibility for prosecuting criminal offenders, including such
office's or agency's component departments or bureaus (such as
governmental victims services programs). Prosecution support services,
such as overseeing or participating in Statewide or multi-
jurisdictional domestic violence task forces, conducting training for
State and local prosecutors or enforcing victim compensation and
domestic violence-related restraining orders shall be considered
``direct responsibility'' for purposes of this program. 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 purposes 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, or
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
nonprofit, nongovernmental organization, that assist victims of
domestic violence and/or sexual assault victims. Included in this
definition are rape crisis centers, battered women's shelters, and
other sexual assault or domestic violence programs, such as nonprofit,
nongovernmental organizations assisting domestic violence or sexual
assault victims through the legal process. (Section 2003(8).)
(1) For the purposes of this Program, funding may include support
for lawyer and nonlawyer advocates, including specialized domestic
violence court advocates. Legal or defense services for perpetrators of
violence against women may not be supported with grant funds.
(2) The definition also encompasses Indian victim assistance
programs and Statewide domestic violence and sexual assault coalitions
to the extent they provide direct services to domestic violence and
sexual assault victims.
(3) Governmental victim services programs attached to a law
enforcement agency or a prosecutor's office may apply for the portions
of the State grant designated for law enforcement and prosecution.
Governmental victim services programs contracting with nonprofit
organizations (e.g., a county nonprofit shelter) are eligible to apply
for the portion of the State grant designated for nonprofit,
nongovernmental victim services. Governmental victim services programs
that are not connected to a law enforcement agency or a prosecutor's
office and are not considered nonprofit organizations may apply for
funding through the remaining portion of the State grant that is not
designated for a specific program area.
Subpart B--The STOP (Services Training Officers
Prosecutors) Violence Against Women Formula Grant Program
Sec. 90.10 Description of STOP (Services Training
Officers Prosecutors) Violence Against Women Formula Grant
Program.
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 nonprofit,
nongovernmental 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) Grantees and subgrantees shall develop a plan for
implementation and shall consult and coordinate with nonprofit,
nongovernmental victim services programs, including sexual assault and
domestic violence victim services programs. Section 2002(c)(2).
[[Page 19479]] The goal of the planning process is the enhanced
coordination and integration of law enforcement, prosecution, courts,
probation and parole agencies, 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. 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 this 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 nonprofit, nongovernmental
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 Forensic medical examination 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 out-
of-pocket costs of forensic medical examinations for victims of sexual
assault. ``Full out-of-pocket costs'' means any expense that may be
charged to a victim in connection with a forensic medical examination
for the purpose of gathering evidence of a sexual assault (e.g., the
full cost of the examination, an insurance deductible, or a fee
established by the facility conducting the examination). Section
2005(a)(1). For individuals covered by insurance, ``full out-of-pocket
costs'' means any costs that the insurer does not pay.
(b) A State, Indian tribal government, or unit of local government
shall be deemed to incur the full out-of-pocket costs of forensic
medical examinations for victims of sexual assault if that governmental
entity or some other:
(1) Provides such examinations to victims free of charge;
(2) Arranges for victims to obtain such examinations free of
charge; or
(3) Reimburses victims for the cost of such examinations if:
(i) The reimbursement covers the full out-of-pocket costs of such
examinations, without any deductible requirement and/or maximum 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
examination;
(iii) The governmental entity provides reimbursement to the victim
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 examination to all victims, including victims with limited or no
English proficiency, regarding how to obtain reimbursement. Section
2005(b).
(c) Coverage of the cost of additional procedures (e.g., testing
for sexually transmitted diseases) may be determined by the State or
governmental entity responsible for paying the costs; however, formula
grant funds cannot be used to pay for the cost of the forensic medical
examination or any additional procedures.
Sec. 90.15 Filing costs for criminal charges.
(a) A State shall not 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 (arising from the
incident that is the subject of the arrest or criminal prosecution); 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. [[Page 19480]]
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 (not including Indian tribal populations). For purposes of
determining the distribution of the remaining funds, the most accurate
and complete data compiled 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,
offices, and programs including, but not limited to State agencies and
offices; public or private nonprofit organizations; units of local
government; Indian tribal governments; nonprofit, nongovernmental
victim services programs; and legal services programs for victims 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 availability of such programs in other such populations and
geographic areas, including Indian reservations. 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, including Indian populations,
and populations underserved because of special needs such as 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
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.
(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. This requirement applies to Indian
tribal governments to the extent they have law enforcement or
prosecution.
Sec. 90.17 Matching requirements.
(a) The Federal share of a subgrant made under the State formula
program may not be expended for more than 75% of the total costs of the
individual projects described in a State's implementation plan. Section
2002(f). A 25% non-Federal match is required. This 25% match may be
cash or in-kind services. States are expected to submit a narrative
that identifies the source of the match.
(b) In-kind match may include donations of expendable equipment,
office supplies, workshop or classroom materials, work space, or the
monetary value of time contributed by professional and technical
personnel and other skilled and unskilled labor if the services they
provide are an integral and necessary part of a funded project. The
value placed on loaned or donated equipment may not exceed its fair
rental value. The value placed on donated services must be consistent
with the rate of compensation paid for similar work in the organization
or the labor market. Fringe benefits may be included in the valuation.
Volunteer services must be documented and, to the extent feasible,
supported by the same methods used by the recipient organization for
its own employees. The value of donated space may not exceed the fair
rental value of comparable space as established by an independent
appraisal of comparable space and facilities in a privately owned
building in the same locality. The basis for determining the value of
personal services, materials, equipment, and space must be documented.
(c) The match expenditures must be committed for each funded
project and cannot be derived from other Federal funds. Nonprofit,
nongovernmental victim services programs funded through subgrants are
exempt from the matching requirement; all other subgrantees must
provide a 25% match.
(d) 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.
(e) 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. The State must ensure that match is identified in a
manner that guarantees its accountability during an audit.
Sec. 90.18 Non-supplantation.
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. Monies disbursed
under this Program must be used to fund new projects, or expand or
enhance existing projects. The VAWA funds cannot be used to supplant or
replace existing funds already allocated to funding programs. Grant
funds may not be used to replace [[Page 19481]] State or local funds
(or, where applicable, funds provided by the Bureau of Indian Affairs)
that would, in the absence of Federal aid, be available or forthcoming
for programs to combat violence against women. This requirement applies
only to State and local public agencies. 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
nonprofit, nongovernmental victim services programs, including sexual
assault and domestic violence service programs; and
(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) Administer 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) Coordinate 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 the STOP Violence
Against Women Formula Grant Program must be submitted on Standard Form
424, Application for Federal Assistance. 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, an Application for Federal Assistance, a list of
assurances to which the applicant must agree, and additional guidance
on how to prepare and submit an application for grants under this
Subpart.
(b) Requirements. Applicants in their applications shall at the
minimum:
(1) Include documentation from nonprofit, nongovernmental victim
services programs describing their participation in developing the plan
as provided in Section 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 linguistic background. Section 2002(d)(1);
(3) Certify compliance with the requirements for forensic medical
examination payments as provided in Section 90.14(a); and
(4) Certify compliance with the requirements for filing and service
costs for domestic violence cases as provided in Section 90.15
(c) 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 (Section
90.12); allocation of funds for prosecution, law enforcement, and
victims services (Section 90.16(c)); non-supplantation (Section 90.18);
and the development of a Statewide plan and consultation with victim
services programs (Section 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 State implementation plan.
(a) Each State must submit a plan describing its identified goals
and how the funds will be used to accomplish those goals. States may
use grant funds to accomplish any of the seven identified purposes of
the Violence Against Women Act.
(b) The implementation plan should describe how the State, in
disbursing monies, will:
(1) Give priority to areas of varying geographic size with the
greatest showing of need based on the availability of existing domestic
violence and sexual assault programs in the population and geographic
area to be served in relation to the availability of such programs in
other such populations and geographic areas;
(2) Determine the amount of subgrants based on the population and
geographic area to be served;
(3) Equitably distribute monies on a geographic basis including
nonurban and rural areas of various geographic sizes; and
(4) Recognize and address the needs of underserved populations.
State plans may include but are not required to submit information on
specific projects.
(c) State plans will be due 120 days after the date of the award.
Sec. 90.24 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 [[Page 19482]] application, certifying performance of direct
services under the grant. The grantee is responsible for collecting
demographics about the victims served and including this information in
the Annual Performance Report. In addition, the State should assess
whether or not annual goals and objectives were achieved and provide a
progress report on Statewide coordination efforts. 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--Indian Tribal Governments Discretionary Program
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 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
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 nonprofit, nongovernmental victim
services programs, including sexual assault and domestic violence
victim services programs. Indian tribal government applications must
include documentation from nonprofit, nongovernmental victim services
programs, if they exist, or from women in the community to be served
describing their participation in developing the plan. The goal of the
planning process should be to achieve better coordination and
integration of law enforcement, prosecution, courts, probation, and
victim services--the entire tribal justice system--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, by Indian tribal governments, 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; and
(6) Developing, enlarging, or strengthening programs addressing
stalking.
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) Forensic Medical Examination 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 out-of-pocket costs of forensic
medical examinations for victims of sexual assault.
(2) An Indian tribal government shall be deemed to incur the full
out-of-pocket costs of forensic medical examinations for victims of
sexual assault if, where applicable, it meets the requirements of
Section 90.14(b) or establishes that another governmental entity is
responsible for providing the services or reimbursements meeting the
requirements of Section 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 either
(1) Certifies that its laws, policies, and practices do not require
the victim to bear the following costs in connection with the
prosecution of any misdemeanor or felony domestic violence offense:
(i) The cost associated with filing criminal charges against a
domestic violence offender, or
(ii) The costs associated with issuing or serving a warrant,
protection order and/or witness subpoena arising from the incident that
is the subject of the arrest or criminal prosecution, or
(2) Assures that its laws, policies and practices will be in
compliance with these requirements 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) Funding limits the number of awards. 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. [[Page 19483]]
Sec. 90.55 Matching requirements.
(a) 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
individual projects described in the application. Section 2002(g). A
25% non-Federal match is required. This 25% match may be cash or in-
kind services. Applicants are expected to submit a narrative that
identifies the source of the match.
(b) In-kind match may include donations of expendable equipment,
office supplies, workshop or classroom materials, work space, or the
monetary value of time contributed by professional and technical
personnel and other skilled and unskilled labor if the services they
provide are an integral and necessary part of a funded project. The
value placed on loaned or donated equipment may not exceed its fair
rental value. The value placed on donated services must be consistent
with the rate of compensation paid for similar work in the organization
or the labor market. Fringe benefits may be included in the valuation.
Volunteer services must be documented and, to the extent feasible,
supported by the same methods used by the recipient organization for
its own employees. The value of donated space may not exceed the fair
rental value of comparable space as established by an independent
appraisal of comparable space and facilities in a privately owned
building in the same locality. The basis for determining the value of
personal services, materials, equipment, and space must be documented.
(c) The match expenditures must be committed for each funded
project and may be derived from 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. Nonprofit, nongovernmental victim services programs
funded through subgrants are exempt from the matching requirement; all
other subgrantees must provide a 25% match and reflect how the match
will be used.
(d) 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. The applicant must ensure that match is identified in
a manner that guarantees its accountability during an audit.
Sec. 90.56 Non-supplantation.
Federal funds received under this part shall be used to supplement,
not supplant funds that would otherwise be available to State and local
public agencies for expenditure on activities described in this part.
Sec. 90.57 Application content.
(a) Format. Applications from the Indian tribal groups for the
Indian Tribal Governments Discretionary Grants Program 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 grant
program set out in Section 2001(b) and Section 90.12.
(2) Plans should be developed by consulting with tribal law
enforcement, prosecutors, courts, and victim services, to the extent
that they exist, and women in the community to be served. Applicants
are also encouraged to integrate into their plans tribal methods of
addressing violent crimes against women. 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 (Section
90.52); and non-supplantation (Section 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.
Paul F. Kendall,
Acting General Counsel.
[FR Doc. 95-9615 Filed 4-17-95; 8:45 am]
BILLING CODE 4410-18-P
