[Federal Register Volume 62, Number 77 (Tuesday, April 22, 1997)]
[Notices]
[Pages 19607-19621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10403]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[OJP(OVC)-1113]
RIN 1121-ZA60
Victims of Crime Act Victim Assistance Grant Program
AGENCY: Office of Justice Programs, Office for Victims of Crime,
Justice.
ACTION: Final program guidelines.
-----------------------------------------------------------------------
SUMMARY: The Office for Victims of Crime (OVC), Office of Justice
Programs (OJP), U.S. Department of Justice (DOJ), is publishing Final
Program Guidelines to implement the victim assistance grant program as
authorized by the Victims of Crime Act of 1984, as amended, 42 U.S.C.
10601, et seq. (hereafter referred to as VOCA).
EFFECTIVE DATE: These guidelines are effective from October 1, 1996
(Federal Fiscal Year 1997 VOCA grant program), until further revised by
OVC.
FOR FURTHER INFORMATION CONTACT: Jackie McCann Cleland, Director, State
Compensation and Assistance Division, 633 Indiana Avenue, NW.,
Washington, DC 20531-0001; e-mail address: [email protected];
telephone number 202/307-5983. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: VOCA authorizes federal financial assistance
to states for the purpose of compensating and assisting victims of
crime, providing funds for training and technical assistance, and
assisting victims of federal crimes. These Program Guidelines provide
information on the administration and implementation of the VOCA victim
assistance grant program as authorized in Section 1404 of VOCA, Public
Law 98-473, as amended, codified at 42 U.S.C. 10603, and contain
information under the following headings: Summary of the Comments to
the Proposed Program Guidelines; Background; Allocation of VOCA Victim
Assistance Funds; VOCA Victim Assistance Application Process; Program
Requirements; Financial Requirements; Monitoring; and Suspension and
Termination of Funding. The Guidelines are based on the experience
gained and legal opinions rendered since the inception of the grant
program in 1986, and are in accordance with VOCA. These Final Program
Guidelines are all inclusive. Thus, they supersede any Guidelines
previously issued by OVC.
OVC, in conjunction with DOJ's Office of Policy Development, and
the Office of Information and Regulatory Affairs within the Office for
Management and Budget (OMB), has determined that these Guidelines do
not represent a ``significant regulatory action'' for the purposes of
Executive Order 12866 and, accordingly, these Program Guidelines were
not reviewed by OMB.
In addition, these Program Guidelines will not have a significant
economic 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, codified at 5 U.S.C. 601,
et seq.
The program reporting requirements described in the Program
Requirements section have been approved by OMB as required under the
Paperwork Reduction Act, 44 U.S.C. 3504(h). (OMB Approval Number 1121-
0014).
Summary of the Revisions to the 1997 Final Program Guidelines
As a result of comments from the field, recent legislative
amendments, and modifications of applicable federal regulations,
substantive changes were made to four sections of the Proposed Program
Guidelines, including: the Availability of Funds, the Application
Process, the Program Requirements, and the Financial Requirements.
These changes are summarized in the paragraphs below, and incorporated
into the complete text of the Final Program Guidelines for Crime Victim
Assistance Grants. The Final Program Guidelines also include several
technical corrections that are not listed in this summary because they
do not affect policy or program implementation.
A. Comments From the Field
In the interest of reaching a more diverse audience and making the
review and comment process more convenient for victim service advocates
and providers, OVC took several steps. In April, 1996, OVC asked the
state VOCA
[[Page 19608]]
victim assistance program administrators for their comments on the
effective edition of the VOCA Victim Assistance Final Program
Guidelines (published in October 27, 1995). On the basis of their
comments and the suggestions of several other victim advocates, OVC
developed Proposed VOCA Victim Assistance Program Guidelines.
Throughout the year, the OVC Director and staff met individually and in
groups with VOCA administrators and subgrantees to discuss revisions to
the Guidelines. In November of 1996, OVC mailed copies of the Proposed
Guidelines directly to all of the state VOCA victims assistance and
victim compensation program administrators, as well to the
representatives of approximately 20 national crime victim advocacy
organizations. In early December, the Proposed Guidelines were posted
on the OVC Website for review and comment by all interested parties.
Finally, the Proposed Guidelines were published in the Federal Register
on February 18, 1997.
Since last Spring, OVC has received approximately 90
recommendations, comments, and questions from VOCA administrators,
victim service providers, representatives of national victim
organizations, and other victim advocates via telephone, mail, fax, and
e-mail. The vast majority of the comments supported the proposed
changes to the Guidelines.
OVC received comments from experts in elder services that helped
OVC redefine ``elder abuse'' and include specific direction regarding
respite care for elders, emergency nursing home shelter for victims of
elder abuse, and inclusion of adult care providers in community
cooperation efforts. These comments were made by state and national
organizations, including the U.S. Department of Health and Human
Services Administration on Aging and the National Association of State
Units on Aging.
OVC also received comments from state and national domestic
violence organizations, such as the Pennsylvania Coalition Against
Domestic Violence and AYUDA, supporting the proposal to expand VOCA-
funded emergency legal assistance to include child custody and
visitation when such assistance is from providers with a demonstrated
history of advocacy on behalf of domestic violence victims.
All of the comments received were invaluable in helping OVC prepare
the Final Victim Assistance Program Guidelines. A summary of the
changes occurring as a result of comments from the field are listed
below in the order in which they appear in the Final Program
Guidelines.
1. Definition of Crime Victim To Include Financial Harm
In Section I., Background, the definition of crime victim has been
modified to specifically include victims of financial exploitation.
Although VOCA-funded programs cannot restore the financial losses
suffered by victims of fraud, victims are eligible for the counseling,
criminal justice advocacy, and other support services offered by VOCA-
funded victim assistance programs.
2. Training of Adult Protective Services Personnel
The section on the VOCA Victim Assistance Application Process
(III.B.2.c.), which lists allowable uses of the administrative cost
provision, has been modified to specifically include training for aging
and adult protective service providers.
3. Submission of Administrative Cost Provision Budget
Previous editions of the Guidelines required state grantees to
submit a budget itemizing projected administrative fund expenditures
and a statement describing the types of activities they would support
and how the expenditure was expected to improve the administration of
the VOCA program.
The State Grantee Application Process section (III.B.2.), which
describes the administrative cost provision, has been modified to
lessen the burden on state grantees. Those states that use
administrative funds must submit a statement to OVC that reports only
the amount of the total grant that will be used as administrative
funds. A special condition will be added to the award document, and
periodic OJP financial reviews will be conducted to ensure states'
compliance with the Program Guidelines and OJP Financial Guide to
determine whether administrative funds have been used for allowable
purposes.
4. Training for Non-VOCA Funded Personnel
The State Grantee Application Process section (III.C.), which
outlines the allowable use of training funds, has been expanded to
specifically include non-VOCA funded staff in addition to VOCA-funded
personnel.
5. Submission of Training Cost Provision Budget
In previous editions of the Guidelines, state grantees were
required to submit a budget itemizing projected training expenses and a
statement describing the needs of the providers and the goals of the
training. The section on the State Grantee Application Process
(III.C.), has been modified to lessen the burden on states. States
using the VOCA training funds must only report the amount of the total
grant that will be used for training. States still must comply with OVC
the 20% match requirement and other guidance defining allowable uses
for training funds.
6. Definition of Victims of Federal Crime
In response to requests for clarification, the Program Requirements
section (IV.A.4.), has been modified to include a definition of
``victims of federal crime.'' For the purposes of this program, a
victim of federal crime is a victim of an offense that violates a
federal criminal statute or regulation. Federal crimes also include
crimes that occur in an area where the federal government has
jurisdiction, such as Indian reservations, some national parks, some
federal buildings, and military installations.
7. Definition of Elder Abuse
The Program Requirements section (IV.A.4.) describing grantee
eligibility requirements, has been modified so that the definition of
``elder abuse'' now focuses on describing the offense, rather than on
characterizing the victim. Hence, the definition, ``abuse of vulnerable
adults,'' has been expanded to include ``the mistreatment of older
persons through physical, sexual, or psychological violence; neglect;
or economic exploitation and fraud.''
8. Identifying Underserved Victims of Crime
The Program Requirements section (IV.A.4.) describing the state
grantee eligibility requirements, has been modified to encourage states
to identify gaps in available services, not just by the types of crimes
committed, but also by victims' demographic characteristics. Thus,
these Final Guidelines ask grantees to examine the possibility that in
a given state, ``underserved'' victims may also be defined by
demographic characteristics such as their status as senior citizens,
non-English speaking residents, disabled persons, members of racial or
ethnic minorities, or by virtue of the fact that they are residents of
rural or remote areas, or inner cities.
9. Funding New Programs
There was confusion about OVC's intention regarding the funding of
new crime victim programs. Hence, language has been added to Section
IV, the
[[Page 19609]]
Program Requirements (IV.B.3.), clarifying that new programs that have
not yet demonstrated a record of providing services may be eligible to
receive VOCA funding if they can demonstrate that 25-50 percent of
their financial support comes from non-federal sources. States are
responsible for establishing the base level of non-federal support
required within the 25-50 percent range.
10. Funding Unfunded Mandates
Recently, many state legislatures have passed laws establishing
important new rights for crime victims. OVC wishes to clarify that VOCA
funds may be used for the purpose of implementing these laws.
Therefore, restrictive language from the previous Guidelines has been
eliminated. Please note that VOCA crime victim assistance funds still
may not be used to supplant state and local funds that would otherwise
be available for crime victim services.
11. Child Abuse and Adult Protective Service Agencies
Section IV., the Program Requirements section (IV.C.), which
describes the criteria for eligible subrecipient organizations, has
been modified to specifically include child abuse programs and
treatment facilities and adult protective service agencies.
12. Legal Service Agencies or Programs With Records of Serving Victims
of Domestic Violence
The Program Requirements section (IV.C.5.), which lists the local
public agencies eligible to receive VOCA subgrant funds, has been
modified to specifically include legal service agencies or programs
with a demonstrated history of advocacy on behalf of domestic violence
victims, including children.
13. State Grantees as Subrecipients
Section IV., the Program Requirements (IV.C.5), has been modified
with regard to subgrants to state grantees. Since the intention of the
VOCA grant program is to support and enhance the crime victim services
provided by community agencies, state grantees that meet the definition
of an eligible subrecipient organization may not award themselves more
than 10 percent of their annual VOCA award. This limitation applies to
all states and territories, except for the Northern Mariana Islands,
Guam, American Samoa, and the Republic of Palau.
14. Nursing Homes as Emergency Shelters
Under the Program Requirements section (IV.E.1.a.), which lists the
allowable costs for direct services, the Guidelines have been modified
to clarify that emergency shelter includes short-term nursing home
shelter for elder abuse victims for whom no other safe, short-term
residence is available.
15. Emergency Legal Assistance
The Program Requirements section (IV.E.1.a.), which lists the
allowable services, activities, and costs at the subrecipient level,
has been modified to allow subgrantees discretion in providing victims
of domestic violence with legal assistance such as child custody and
visitation proceedings ``when such actions are directly connected to
family violence cases and are taken to ensure the health and safety of
the victim.'' The allowable ``Contracts for Professional Services''
section (IV.E.2.g.) also has been modified to include assistance with
emergency custody and visitation proceedings from providers with a
demonstrated history of advocacy on behalf of domestic violence
victims.
16. Cost of Respite Care
The Program Requirements, section (IV.E.1.c.), has been modified to
specifically state that assistance with participation in criminal
justice proceedings may include the cost of caring for a dependent
adult when this enables a victim to attend court.
17. Cost of Restitution Advocacy on Behalf of Individuals
The Program Requirement section (IV.E.1.c.), has been modified to
state clearly that restitution advocacy on behalf of specific crime
victims is an allowable activity.
18. Restorative Justice
In many cases, victims are not familiar with the nature and
availability of restorative justice programs. Therefore, the Program
Requirements section (IV.E.1.h.), has been modified to clarify that
restorative justice opportunities, where crime victims meet with
perpetrators, are allowable, if such meetings are requested ``or
voluntarily agreed to'' by the victim. In addition, since it is
impossible to guarantee the therapeutic value of any activity, this
section of the Guidelines has been further modified to state that
restorative justice programs must have ``possible beneficial or''
therapeutic value to crime victims.
19. Allowable Costs for Making Services Accessible to Victims With
Disabilities
The Program Requirements section (IV.E.2.d.), listing allowable
``non-direct'' costs and services, has been modified to clarify that
VOCA funds may be used to purchase items such as braille equipment for
the blind or TTY/TTD machines for the deaf, or to make minor building
improvements that make services more accessible to victims with
disabilities. Additional guidance can be found in the Office of Justice
Programs, Office of the Comptroller, Financial Guide.
20. Advanced Technologies
In the Program Requirements section (IV.E.2.f.), OVC offers the
states clarification that all subrecipients receiving VOCA funds for
advanced technologies such as computers and victim notification systems
must meet the usual program eligibility requirements as set forth in
the Guidelines.
21. Electronic Submission of Subgrant Award Reports
In the interest of meeting OVC's mandate to collect and maintain
accurate and timely information on the disbursal of VOCA funds, the
section describing the subgrant award report requirements (V.A.) has
been modified. Beginning with the Federal Fiscal Year (FFY) 1997 VOCA
grant award, state grantees are required to transmit their Subgrant
Award Report information to OVC via the automated subgrant dial-in
system within 90 days of the date of the subaward. Grantees can access
the system without incurring a long distance telephone charge by
utilizing the subgrant dial-in 1-800 number. OVC will no longer accept
manual submission of the Subgrant Award Reports. States and territories
outside of the continental U.S. are exempt from the requirement to use
the subdial system, but these grantees must complete and submit the
Subgrant Award Report form, OJP 7390/2A, for each VOCA subrecipient.
B. Legislative Changes
1. The Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132)
The Antiterrorism and Effective Death Penalty Act of 1996 (Public
Law 104-132) (hereafter, ``The Antiterrorism Act''), was signed into
law on April 24, 1996. This legislation contained a number of victim
related provisions that amended VOCA, including four provisions
concerning the ``Availability
[[Page 19610]]
of (VOCA victim assistance) Grant Funds.''
a. Higher Base Award (II.C.). The Antiterrorism Act increases the
base amount for victim assistance grants from $200,000 to $500,000. The
territories of Northern Mariana Islands, Guam, and American Samoa will
continue to receive a base amount of $200,000, with the Republic of
Palau's share governed by the Compact of Free Association between the
U.S. and the Republic of Palau.
b. OVC Reserve Fund (II.B.2.). The Antiterrorism Act authorizes the
OVC Director to establish a reserve fund, up to $50 million. Reserve
fund monies may be used for supplemental grants to assist victims of
terrorist acts or mass violence occurring within or outside the U.S.
The OVC Director may award reserve funds to the following entities:
(1) States for providing compensation and assistance to their state
residents, who, while outside of the borders of the U.S., become
victims of a terrorist act or mass violence. The beneficiaries,
however, cannot be persons who are already eligible for compensation
under the Omnibus Diplomatic Security and Antiterrorism Act of 1986.
Individuals covered under the Omnibus Diplomatic Security Act include
those who are taken captive because of their relationship with the U.S.
government as a member of the U.S. Civil Service, as well as other U.S.
citizens, nationals, or resident aliens who are taken captive while
rendering service to the U.S. similar to that of civil servants.
Dependent family members of such persons also are covered under the
Act.
(2) Eligible state crime victim compensation and assistance
programs for providing compensation and emergency relief for the
benefit of victims of terrorist acts or mass violence occurring within
the U.S.
(3) U.S. Attorneys' Offices for use in coordination with state
victim compensation and assistance efforts in providing relief to
victims of terrorist acts or mass violence occurring within the U.S.
(4) Eligible state compensation and assistance programs to offset
fluctuation in the funds during years in which the Fund decreases and
additional monies are needed to stabilize funding for state programs.
c. Unobligated Grant Funds (II.B.4.). Beginning with FFY 1997 VOCA
grants, funds not obligated by the end of the grant period, up to an
annual national maximum of $500,000, will be returned to the Fund, and
not to the General Treasury, as was the practice in previous years.
Returned funds in excess of $500,000 in a given year shall be returned
to the Treasury. Once any portion of a state's grant is returned to the
Fund, the funds must be redistributed according to the formula
established by VOCA and the Proposed Program Guidelines. States are
encouraged to monitor closely the expenditure of VOCA funds throughout
the grant period to avoid returning grant monies to OVC and/or the
Treasury.
d. Grant Period Extended (II.B.3.). The Antiterrorism Act extended
the VOCA victim assistance grant period from the year of award plus
one, to the year of award plus two. Subsequent legislation further
extended the grant period to the year of award plus three.
2. Omnibus Appropriations Act of 1997
The Omnibus Appropriations Act of 1997 (P.L. 104-208) was passed by
Congress and signed into law by President Clinton in September, 1996.
This Act further extended the grant period to the year of award plus
three. This change is effective for all FFY 1997 grants. The Final
Program Guidelines clarify that funds are available for obligation
beginning October 1 of the year of the award, through September 30 of
the FFY three years later. For example, grants awarded in November,
1996 (FFY 1997) are available for obligation beginning October 1, 1996
through September 30, 2000. This modification is contained in the
``Availability of Funds'' section (II.B.3) of the Final Program
Guidelines.
C. Changes in Applicable Federal Regulations
1. Mandatory Enrollment in U.S. Treasury Department's Automated
Clearing House (ACH) Vendor Express Program
In accordance with the Debt Collection Improvement Act of 1996, the
U.S. Treasury Department revised its regulations regarding federal
payments. The Final Program Guidelines have been modified to require
that, effective July 26, 1996, all federal payments to state VOCA
victim assistance and compensation grantees must be made via electronic
funds transfer.
States that are new award recipients or those that have previously
received funds in the form of a paper check from the U.S. Treasury must
enroll in the Treasury Department's ACH Vendor Express program through
OJP before requesting any federal funds. This means that VOCA grantees
can no longer receive drawdowns against their awards via paper check
mailed from the Treasury. Grant recipients must enroll in ACH for
Treasury to electronically transfer drawdowns directly to their banking
institutions. States that are currently on the Letter of Credit
Electronic Certification System (LOCES) will be automatically enrolled
in the ACH program. Enrollment forms will be included in the award
packet. Enrollment in ACH need only be completed once. This
modification is included in the ``Application Process'' section
(III.A.6.) of the Final Program Guidelines.
2. Higher Audit Threshold
In response to suggestions made by many recipients of federal grant
awards, including VOCA grant recipients, OMB Circular A-133 is being
revised. Until the revisions are final, state and local government
agencies that receive $100,000 or more in federal funds during their
state fiscal year are required to submit an organization-wide financial
and compliance audit report. Recipients of $25,000 to $100,000 in
federal funds are required to submit a program- or organization-wide
audit report as directed by the granting agency. Recipients receiving
less than $25,000 in federal funds are not required to submit a
program- or organization-wide financial and compliance audit report for
that year. Nonprofit organizations and institutions of higher education
that expend $300,000 or more in federal funds per year shall have an
organization-wide financial and compliance audit. Grantees must submit
audit reports within 13 months after their state fiscal year ends.
Previously, states that received $100,000 or more in federal
financial assistance in any fiscal year were required to have a single
audit for that year. States and subrecipients receiving at least
$25,000, but less than $100,000, in a fiscal year had the option of
performing a single audit or an audit of the federal program, and state
and local governments receiving less than $25,000 in any fiscal year
were exempt from audit requirements. This modification is contained in
the ``Financial Requirements'' section (IV.A.) of the Proposed Program
Guidelines.
Guidelines for Crime Victim Assistance Grants
I. Background
In 1984, VOCA established the Crime Victims Fund (Fund) in the U.S.
Treasury and authorized the Fund to receive deposits of fines and
penalties levied against criminals convicted of federal crimes. This
Fund provides the source of funding for carrying out all of the
activities authorized by VOCA.
OVC makes annual VOCA crime victim assistance grants from the Fund
[[Page 19611]]
to states. The primary purpose of these grants is to support the
provision of services to victims of crime throughout the Nation. For
the purpose of these Program Guidelines, services are defined as those
efforts that (1) respond to the emotional and physical needs of crime
victims; (2) assist primary and secondary victims of crime to stabilize
their lives after a victimization; (3) assist victims to understand and
participate in the criminal justice system; and (4) provide victims of
crime with a measure of safety and security such as boarding-up broken
windows and replacing or repairing locks.
For the purpose of the VOCA crime victim assistance grant program,
a crime victim is a person who has suffered physical, sexual,
financial, or emotional harm as a result of the commission of a crime.
VOCA gives latitude to state grantees to determine how VOCA victim
assistance grant funds will best be used within each state. However,
each state grantee must abide by the minimal requirements outlined in
VOCA and these Program Guidelines.
II. Allocation of VOCA Victim Assistance Funds
A. Distribution of the Crime Victims Fund
OVC administers the deposits made into the Fund for programs and
services, as specified in VOCA. The amount of funds available for
distribution each year is dependent upon the total deposits into the
Fund during the preceding Federal Fiscal Year (October 1 through
September 30).
Pursuant to Section 1402 (d) of VOCA, deposits into the Fund will
be distributed as follows:
1. The first $3,000,000 deposited in the Fund in each fiscal year
is available to the Administrative Office of the U.S. Courts (AOUSC)
for administrative costs to carry out the functions of the judicial
branch under Sections 3611 and 3612 of Title 18 U.S. Code. (Legislation
is being drafted to repeal this provision. If passed by Congress and
signed by the President, AOUSC will no longer receive an allocation
from the Fund.)
2. Of the next $10,000,000 deposited in the Fund in a particular
fiscal year,
a. 85% shall be available to the Secretary of Health and Human
Services for grants under Section 4(d) of the Child Abuse Prevention
and Treatment Act for improving the investigation and prosecution of
child abuse cases;
b. 15% shall be available to the Director of the Office for Victims
of Crime for grants under Section 4(d) of the Child Abuse Prevention
and Treatment Act for assisting Native American Indian tribes in
developing, establishing, and operating programs to improve the
investigation and prosecution of child abuse cases.
3. Of the remaining amount deposited in the Fund in a particular
fiscal year,
a. 48.5% shall be available for victim compensation grants,
b. 48.5% shall be available for victim assistance grants; and
c. 3% shall be available for demonstration projects and training
and technical assistance services to eligible crime victim assistance
programs and for the financial support of services to victims of
federal crime by eligible crime victim assistance programs.
B. Availability of Funds
1. VOCA Victim Assistance Grant Formula
All states, the District of Columbia, the Commonwealth of Puerto
Rico, the U.S. Virgin Islands, Guam, American Samoa, Northern Mariana
Islands, and Palau (hereinafter referred to as ``states'') are eligible
to apply for, and receive, VOCA victim assistance grants. See Section
1404(d)(1) of VOCA, codified at 42 U.S.C. 10603(d)(1).
2. Reserve Fund
As the result of provisions in the Antiterrorism Act amending VOCA,
the OVC Director is authorized to retain funds in a reserve fund, up to
$50 million. The Director may utilize the reserve funds in order to:
a. Award supplemental grants to assist victims of terrorist acts or
mass violence outside or within the U.S. The OVC Director may grant
reserve funds for such purposes to the following entities:
(1) States for providing compensation and assistance to their state
residents, who while outside of the U.S. become victims of a terrorist
act or mass violence. The beneficiaries, however, cannot be persons who
are already eligible for compensation under the Omnibus Diplomatic
Security and Antiterrorism Act of 1986.
Individuals covered under the Omnibus Diplomatic Security and
Antiterrorism Act include persons who are taken captive because of
their relationship with the U.S. Government as a member of the U.S.
Civil Service, as well as other U.S. citizens, nationals, or resident
aliens who are taken captive while rendering service to the U.S.
similar to that of civil servants. Dependent family members of such
persons also are covered under the Omnibus Diplomatic Security Act.
(2) Eligible state crime victim compensation and assistance
programs for providing emergency relief, including crisis assistance,
training, and technical assistance for the benefit of victims of
terrorist acts or mass violence occurring within the U.S.
(3) U.S. Attorney's Offices for use in coordination with state
victim compensation and assistance efforts in providing relief to
victims of terrorist acts or mass violence occurring within the U.S.
b. Offset Fluctuations in Fund. The Director of OVC may also use
the reserve fund to offset fluctuations in Fund deposits for state
compensation and assistance programs in years in which the Fund
decreases and additional monies are needed to stabilize programs.
3. Grant Period
Federal legislation passed in 1996 also makes victim assistance
grant funds available for expenditure throughout the FFY of award as
well as in the next three fiscal years. The FFY begins on October 1 and
ends on September 30. For example, grants awarded in December, 1996
(FFY 1997) are available for obligation beginning October 1, 1996
through September 30, 2000.
4. Grant Deobligations
VOCA grant funds not obligated at the end of the award period will
be returned to the Crime Victims Fund. In a given fiscal year, no more
than $500,000 of the remaining unobligated funds can be returned to the
Fund. Amounts in excess of $500,000 shall be returned to the Treasury.
Once any portion of a state's grant is returned to the Fund, the funds
must be redistributed according to the rules established by VOCA and
the Final Program Guidelines, so states are encouraged to monitor
closely the expenditure of VOCA funds throughout the grant period to
ensure that no funds are returned.
C. Allocation of Funds to States
From the Fund deposits available for victim assistance grants, each
state grantee receives a base amount of $500,000, except for the
territories of Northern Mariana Islands, Guam, and American Samoa,
which are eligible to receive a base amount of $200,000. The Republic
of Palau's share is governed by the Compact of Free Association between
the U.S. and the Republic of Palau. The remaining Fund deposits are
distributed to each state, based upon the state's population in
relation to all other states, as determined by current census data.
[[Page 19612]]
D. Allocation of Funds Within the States
The Governor of each state designates the state agency that will
administer the VOCA victim assistance grant program. The designated
agency establishes policies and procedures, which must meet the minimum
requirements of VOCA and the Program Guidelines.
VOCA funds granted to the states are to be used by eligible public
and private nonprofit organizations to provide direct services to crime
victims. States have sole discretion for determining which
organizations will receive funds, and in what amounts, as long as the
recipients meet the requirements of VOCA and the Program Guidelines.
State grantees are encouraged to develop a VOCA program funding
strategy, which should consider the following: the range of victim
services throughout the state and within communities; the unmet needs
of crime victims; the demographic profile of crime victims; the
coordinated, cooperative response of community organizations in
organizing services for crime victims; the availability of services to
crime victims throughout the criminal justice process; and the extent
to which other sources of funding are available for services.
State grantees are encouraged to expand into new service areas as
needs and demographics of crime change within the state. For example,
when professional training, counseling, and debriefings are made
available to victim assistance providers, dispatchers, and law
enforcement officers in rural or other remote areas, services to
victims in these areas improve dramatically. Victim services in rural
or remote areas can also be improved by using VOCA funds to support
electronic networking through computers, police radios, and cellular
phones.
Many state grantees use VOCA funds to stabilize victim services by
continuously funding selected organizations. Some state grantees end
funding to organizations after several years in order to fund new
organizations. Other state grantees limit the number of years an
organization may receive VOCA funds. These practices are within the
state grantee's discretion and are supported by OVC, when they serve
the best interests of crime victims within the state.
State grantees may award VOCA funds to organizations that are
physically located in an adjacent state, when it is an efficient and
cost-effective mechanism available for providing services to victims
who reside in the awarding state. When adjacent state awards are made,
the amount of the award must be proportional to the number of victims
to be served by the adjacent-state organization. OVC recommends that
grantees enter into an interstate agreement with the adjacent state to
address monitoring of the VOCA subrecipient, auditing federal funds,
managing noncompliance issues, and reporting requirements. States must
notify OVC of each VOCA award made to an organization in another state.
III VOCA Victim Assistance Application Process
A. State Grantee Application Process
Each year, OVC issues a Program Instruction and Application Kit to
each designated state agency. The Application Kit contains the
necessary forms and information required to apply for VOCA grant funds,
including the Application for Federal Assistance, Standard Form 424.
The amount for which each state may apply is included in the
Application Kit. At the time of application, state grantees are not
required to provide specific information regarding the subrecipients
that will receive VOCA victim assistance funds.
Completed applications must be submitted on or before the stated
deadline, as determined by OVC.
In addition to the Application for Federal Assistance, state
grantees shall submit the following information:
1. Single Audit Act Information, specifically, the name and address
of the designated cognizant federal agency, the federal agency assigned
by OMB, and the dates of the state fiscal year.
2. Certifications Regarding Lobbying, Debarment, Suspension, and
Other Responsibility Matters; Drug-Free Workplace requirements; Civil
Rights Compliance, and any other certifications required by OJP and
OVC. In addition, states must complete a disclosure form specifying any
lobbying activities that are conducted.
3. An assurance that the program will comply with all applicable
nondiscrimination requirements.
4. An assurance that in the event a federal or state administrative
agency makes a finding of discrimination after a due process hearing,
on the grounds of race, color, religion, origin, sex, or disability
against the program, the program will forward a copy of the finding to
OJP, Office for Civil Rights (OCR).
5. The name of the Civil Rights contact person who has lead
responsibility for ensuring that all applicable civil rights
requirements are met and who shall act as liaison in civil rights
matters with OCR.
6. Enrollment in Automated Clearing House (ACH). State agencies
that are new award recipients, or those that have previously received
funds in the form of a paper check from the U.S. Treasury, must enroll
in the Treasury Department's ACH Vendor Express program through OJP
before any federal funds will be disbursed. States that are currently
on the Letter of Credit Electronic Certification System (LOCES) will be
automatically enrolled in the ACH program. Enrollment in ACH need only
be completed once.
7. Administrative Cost Provision Notification. States must indicate
in a letter transmitting their annual grant application whether they
intend to use the administrative cost provision. Additional information
about the administrative cost provision is set forth in the following
section.
B. Administrative Cost Provision for State Grantees
Each state grantee may retain up to, but not more than, 5% of each
year's grant for administering the VOCA victim assistance grant at the
state grantee level with the remaining portion being used exclusively
for direct services to crime victims or to train direct service
providers in accordance with these Program Guidelines, as authorized in
Section 1404(b)(3), codified at 42 U.S.C. 10603(b)(3). Administrative
funds must be expended during the project period for which the grant
was awarded. States are not authorized to roll-over administrative
funds from one project period to the next. The administrative cost
provision is available only to the state grantee and not to VOCA
subrecipients. State grantees are not required to match the portion of
the grant that is used for administrative purposes. The state
administrative agency may charge any federally approved indirect cost
rate to this grant. However, any indirect costs requested must be paid
from the 5 percent administrative funds.
This administrative cost provision is to be used by the state
grantee to expand, enhance, and/or improve the state's previous level
of effort in administering the VOCA victim assistance grant program at
the state level and to support activities and costs that impact the
delivery and quality of services to crime victims throughout the state.
Thus, grantees will be required to certify that VOCA administrative
funds will not be used to supplant state funds. This information will
assist OVC in evaluating requests to use administrative funds.
State grantees will not be in violation of the nonsupplantation
clause if there is a decrease in the state's previous financial
commitment towards the
[[Page 19613]]
administration of the VOCA grant programs in the following situations:
(1) A serious loss of revenue at the state level, resulting in across-
the-board budget restrictions. (2) A decrease in the number of ``state-
supported'' staff positions used to meet the state's ``maintenance of
effort'' in administering the VOCA grant programs.
States are required to notify OVC if there is a decrease in the
amount of its previous financial commitment to the cost of
administering the VOCA program.
State grantees are not required to match the portion of the grant
that is used for administrative purposes.
1. The following are examples of activities that are directly
related to managing the VOCA grant and can be supported with
administrative funds:
a. Pay salaries and benefits for staff and consultant fees to
administer and manage the financial and programmatic aspects of VOCA;
b. Attend OVC-sponsored and other relevant technical assistance
meetings that address issues and concerns to state administration of
victims' programs;
c. Monitor VOCA Victim Assistance subrecipients, and potential
subrecipients, provide technical assistance, and/or evaluation and
assessment of program activities;
d. Purchase equipment for the state grantee such as computers,
software, fax machines, copying machines;
e. Train VOCA direct service providers;
f. Purchase memberships in crime victims organizations and victim-
related materials such as curricula, literature, and protocols; and
g. Pay for program audit costs;
h. Pay for indirect costs at a federally approved indirect cost
rate that when applied, does not exceed the 5 percent administrative
cost allowance.
2. The following activities impact the delivery and quality of
services to crime victims throughout the state and, thus, can be
supported by administrative funds:
a. Develop strategic plans on a state and/or regional basis,
conduct surveys and needs assessments, promote innovative approaches to
serving crime victims such as through the use of technology;
b. Improve coordination efforts on behalf of crime victims with
other federally funded programs and with federal, state, and local
agencies and organizations;
c. Provide training on crime victim issues to state, public, and
nonprofit organizations that serve or assist crime victims such as law
enforcement officials, prosecutors, judges, corrections personnel,
social service workers, child and youth service providers, aging and
adult protective service providers, and mental health and medical
professionals;
d. Purchase, print, and/or develop publications such as training
manuals for service providers, victim services directories, and
brochures;
e. Coordinate and develop protocols, policies, and procedures that
promote systemic change in the ways crime victims are treated and
served; and
f. Train managers of victim service agencies.
Each state grantee that chooses to use administrative funds is
required to submit a statement to OVC reporting the amount of the total
grant that will be used as administrative funds. State grantees may
notify OVC when the decision is made to exercise this option or at the
time the Application for Federal Assistance is submitted. In addition,
the grantee must maintain adequate documentation to support the
expenditure of these funds.
A state may modify projections set forth in their application by
notifying OVC, in writing, of the revised amount of the total grant
that will be used as administrative funds. Failure to notify OVC of
modifications will prevent the state from meeting its obligation to
reconcile its State-wide Report with its Final Financial Status Report.
Administrative grant funds can only support that portion of a staff
person's time devoted to the VOCA assistance program. If the staff
person has other functions, the proportion of their time spent on the
VOCA assistance program must be documented using regular time and
attendance records. The documentation must provide a clear audit trail
for the expenditure of grant funds.
State grantees may choose to award administrative funds to a
``conduit'' organization that assists in selecting qualified
subrecipients and/or reduces the state grantee's administrative burden
in implementing the grant program. However, the use of a ``conduit''
organization does not relieve the state grantee from ultimate
programmatic and financial responsibilities.
C. Use of Funds for Training
State grantees have the option of retaining a portion of their VOCA
victim assistance grant for conducting state-wide and/or regional
trainings of victim services staff. The maximum amount permitted for
this purpose is one percent of the state's grant. State grantees that
choose to sponsor statewide or regional trainings are not precluded
from awarding VOCA funds to subrecipients for other types of staff
development.
Statewide or regional training supported with training funds should
target a diverse audience of victim service providers and allied
professionals, including VOCA funded and non-VOCA funded personnel, and
should provide opportunities to consider issues related to types of
crime, gaps in services, coordination of services, and legislative
mandates.
Each training activity must occur within the grant period, and all
training costs must be obligated prior to the end of the grant period.
VOCA grant funds cannot be used to supplant the cost of existing state
administrative staff or related state training efforts.
Each state grantee that chooses to use training funds is required
to submit a statement to OVC reporting the amount of the total grant
that will be used to pay for training. Grantees must maintain adequate
documentation to support the expenditure of these funds.
A state may modify projections set forth in their application by
notifying OVC of the revised amount of the total grant that will be
used as training funds. Failure to notify OVC of modifications will
prevent the state from meeting its obligation to reconcile its State-
wide Report with its Final Financial Status Report.
The VOCA funds used for training by the state grantee must be
matched at 20 percent of the total project cost, cash or in-kind, and
the source of the match must be described. For further information
regarding match requirements, see the section on Subrecipient
Organization Eligibility Requirements (IV.B.).
IV. Program Requirements
A. State Grantee Eligibility Requirements
When applying for the VOCA victim assistance grant, state grantees
are required to give assurances that the following conditions or
requirements will be met:
1. Must Be An Eligible Organization
States should ensure that only eligible organizations receive VOCA
funds, and that these funds are used only for services to victims of
crime, except those funds that the state grantee uses for training
victim service providers and/or administrative purposes, as authorized
by Section 1404(b) codified at 42 U.S.C. 10603(b). See section E.
Services, Activities, and Costs at the Subrecipient Level for examples
of direct services to crime victims.
[[Page 19614]]
2. Nonsupplantation
VOCA crime victim assistance grant funds will be used to enhance or
expand services and will not be used to supplant state and local funds
that would otherwise be available for crime victim services. See
Section 1404(a)(2)(c), codified at 42 U.S.C. 10603(a)(2)(C). This
supplantation clause applies to state and local public agencies only.
3. Priority Areas
Priority shall be given to victims of sexual assault, domestic
abuse, and child abuse. Thus, a minimum of 10% of each FFY's grant (30%
total) will be allocated to each of these categories of crime victims.
This grantee requirement does not apply to VOCA subrecipients.
Each state grantee must meet this requirement, unless it can
demonstrate to OVC that: (1) a ``priority'' category is currently
receiving significant amounts of financial assistance from the state or
other funding sources; (2) a smaller amount of financial assistance, or
no assistance, is needed from the VOCA victim assistance grant program;
and (3) crime rates for a ``priority'' category have diminished.
4. ``Previously Underserved'' Priority Areas
An additional 10% of each VOCA grant will be allocated to victims
of violent crime (other than ``priority'' category victims) who were
``previously underserved.'' These underserved victims of either adult
or juvenile offenders may include, but are not limited to, victims of
federal crimes; survivors of homicide victims; or victims of assault,
robbery, gang violence, hate and bias crimes, intoxicated drivers, bank
robbery, economic exploitation and fraud, and elder abuse.
For the purposes of this program, a victim of federal crime is a
victim of an offense that violates a federal criminal statute or
regulation. Federal crimes also include crimes that occur in an area
where the federal government has jurisdiction, such as Indian
reservations, some national parks, some federal buildings, and military
installations.
For the purposes of this program, elder abuse is defined as the
mistreatment of older persons through physical, sexual, or
psychological violence, neglect, or economic exploitation and fraud.
To meet the underserved requirement, state grantees must identify
crime victims by the types of crimes they have experienced (e.g., drunk
driving, sexual assault, or domestic violence). States are encouraged
to also identify gaps in available services by victims' demographic
characteristics. For example, in a given state, ``underserved'' victims
may be best defined according to their status as senior citizens, non-
English speaking residents, persons with disabilities, members of
racial or ethnic minorities, or by virtue of the fact that they are
residents of rural or remote areas, or inner cities. Each state grantee
has latitude for determining the method for identifying ``previously
underserved'' crime victims, which may include public hearings, needs
assessments, task forces, and meetings with state-wide victim services
agencies.
Each state grantee must meet this requirement, unless it can
justify to OVC that (a) services to these victims of violent crime are
receiving significant amounts of financial assistance from the state or
other funding sources; (b) a smaller amount of financial assistance, or
no assistance, is needed from the VOCA victim assistance grant program;
and (c) crime rates for these victims of violent crime have diminished.
5. Financial Record Keeping and Program Monitoring
Appropriate accounting, auditing, and monitoring procedures will be
used at the grantee and subrecipient levels so that records are
maintained to ensure fiscal control, proper management, and efficient
disbursement of the VOCA victim assistance funds, in accordance with
the OJP Financial Guide, effective edition.
6. Compliance With Federal Laws
Compliance with all federal laws and regulations applicable to
federal assistance programs and with the provisions of Title 28 of the
Code of Federal Regulations (CFR) applicable to grants.
7. Compliance With VOCA
Compliance by the state grantee and subrecipients with the
applicable provisions of VOCA and the Final Program Guidelines.
8. Required Reports Submitted to OVC
Programmatic and financial reports shall be submitted. [See Program
Requirements (Section IV.) and Financial Requirements (Section V.) for
reporting requirements and timelines.]
9. Civil Rights
Prohibition of Discrimination for Recipients of Federal Funds. No
person in any state shall, on the grounds of race, color, religion,
national origin, sex, age, or disability be excluded from participation
in, be denied the benefits of, be subjected to discrimination under, or
denied employment in connection with any program or activity receiving
federal financial assistance, pursuant to the following statutes and
regulations: Section 809(c), Omnibus Crime Control and Safe Streets Act
of 1968, as amended, 42 U.S.C. 3789d, and Department of Justice
Nondiscrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G;
Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d,
et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29
U.S.C. 794; Subtitle A, Title II of the Americans with Disabilities Act
of 1990, 42 U.S.C. 12101, et seq. and Department of Justice regulations
on disability discrimination, 28 CFR Part 35 and Part 39; Title IX of
the Education Amendments of 1972, as amended, 20 U.S.C. 1681-1683; and
the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et seq.
10. Obligation to Report Discrimination Finding
In the event a federal or state court or administrative agency
makes a finding of discrimination on the grounds of race, color,
religion, national origin, sex, age, or disability against a recipient
of VOCA victim assistance funds, state grantees are required to forward
a copy of the finding to the Office for Civil Rights (OCR) for OJP.
11. Obligation to Report Other Allegations/Findings
In the event of a formal allegation or a finding of fraud, waste,
and/or abuse of VOCA funds, state grantees are required to immediately
notify OVC of said finding. State grantees are also obliged to apprise
OVC of the status of any on-going investigations.
12. Coordination With State VOCA Compensation Program and Federal Law
Enforcement
OVC encourages state grantees to coordinate their activities with
their state's VOCA compensation program and the U.S. Attorneys' Offices
and FBI Field Offices within their state. Only with an emphasis on
coordination will a continuum of services be ensured for all crime
victims. Coordination strategies could include inviting Compensation
Program Directors and Federal Victim-Witness Coordinators to serve on
subgrant review committees; providing Compensation Program Directors
and Federal Victim-Witness Coordinators with a list of VOCA-funded
organizations; attending meetings organized by Compensation Program
Directors and Federal Victim-
[[Page 19615]]
Witness Coordinators regarding the provision of victim assistance
services; providing training activities for subrecipients to learn
about the compensation program; developing joint guidance, where
applicable, on third-party payments to VOCA assistance organizations;
and providing training for compensation program staff on the trauma of
victimization, particularly for victims of economic crime and survivors
of homicide victims.
B. Subrecipient Organization Eligibility Requirements
VOCA establishes eligibility criteria that must be met by all
organizations that receive VOCA funds. These funds are to be awarded to
subrecipients only for providing services to victims of crime through
their staff. Each subrecipient organization shall meet the following
requirements:
1. Public or Nonprofit Organization
To be eligible to receive VOCA funds, organizations must be
operated by public or nonprofit organization, or a combination of such
organizations, and provide services to crime victims.
2. Record of Effective Services
Demonstrate a record of providing effective services to crime
victims. This includes having the support and approval of its services
by the community, a history of providing direct services in a cost-
effective manner, and financial support from other sources.
3. New Programs
Those programs that have not yet demonstrated a record of providing
services may be eligible to receive VOCA funding, if they can
demonstrate that 25-50 percent of their financial support comes from
non-federal sources. It is important that organizations have a variety
of funding sources besides federal funding in order to ensure their
financial stability. States are responsible for establishing the base
level of non-federal support required within the 25-50 percent range.
4. Program Match Requirements
The purpose of matching contributions is to increase the amount of
resources available to the projects supported by grant funds. Matching
contributions of 20% (cash or in-kind) of the total cost of each VOCA
project (VOCA grant plus match) are required for each VOCA-funded
project and must be derived from non-federal sources, except as
provided in the OJP Financial Guide, effective edition (Part III. Post
Award Requirements, Chapter 3. Matching or Cost Sharing). All funds
designated as match are restricted to the same uses as the VOCA victim
assistance funds and must be expended within the grant period. Match
must be provided on a project-by-project basis. Any deviation from this
policy must be approved by OVC.
For the purposes of this program, 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 professionals 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 donated
services must be consistent with the rate of compensation paid for
similar work in the subrecipient's organization. If the required skills
are not found in the subrecipient's organization, the rate of
compensation must be consistent with the labor market. In either case,
fringe benefits may be included in the valuation. The value placed on
loaned or donated equipment may not exceed its fair market value. 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 privately-owned buildings in the
same locality.
a. Record Keeping. VOCA recipients and their subrecipients must
maintain records that clearly show the source, the amount, and the
period during which the match was allocated. The basis for determining
the value of personal services, materials, equipment, and space must be
documented. Volunteer services must be documented, and to the extent
feasible, supported by the same methods used by the subrecipient for
its own paid employees. The state has primary responsibility for
subrecipient compliance with the requirements. State grantees are
encouraged not to require excessive amounts of match.
b. Exceptions to the 20% Match. OVC sets a lower match requirements
for:
(1) Native American Tribes/Organizations Located on Reservations.
The match for new or existing VOCA subrecipients that are Native
American tribes/organizations located on reservations is 5% (cash or
in-kind) of the total VOCA project. For the purpose of this grant, a
Native American tribe/organization is defined as any tribe, band,
nation, or other organized group or community, which is recognized as
eligible for the special programs and services provided by the U.S. to
Native Americans because of their status as Native Americans. A
reservation is defined as a tract of land set aside for use of, and
occupancy by, Native Americans.
(2) The U.S. Virgin Islands, and all other territories and
possessions of the U.S., except Puerto Rico, are not required to match
VOCA funds. See 48 U.S.C. 1469a(d).
(3) OVC may waive the match requirement if extraordinary need is
documented by State VOCA administrators.
5. Volunteers
Subrecipient organizations must use volunteers unless the state
grantee determines there is a compelling reason to waive this
requirement. A ``compelling reason'' may be a statutory or contractual
provision concerning liability or confidentiality of counselor/victim
information, which bars using volunteers for certain positions, or the
inability to recruit and maintain volunteers after a sustained and
aggressive effort.
6. Promote Community Efforts to Aid Crime Victims
Promote, within the community, coordinated public and private
efforts to aid crime victims. Coordination may include, but is not
limited to, serving on state, federal, local, or Native American task
forces, commissions, working groups, coalitions, and/or multi-
disciplinary teams. Coordination efforts also include developing
written agreements that contribute to better and more comprehensive
services to crime victims. Coordination efforts qualify an organization
to receive VOCA victim assistance funds, but are not activities that
can be supported with VOCA funds.
7. Help Victims Apply for Compensation Benefits
Such assistance may include identifying and notifying crime victims
of the availability of compensation, assisting them with application
forms and procedures, obtaining necessary documentation, and/or
checking on claim status.
8. Comply With Federal Rules Regulating Grants
Subrecipients must comply with the applicable provisions of VOCA,
the Program Guidelines, and the requirements of the OJP Financial
Guide, effective edition, which includes maintaining appropriate
programmatic and financial records that fully disclose the amount and
disposition of VOCA funds received. This includes: Financial
documentation for disbursements; daily
[[Page 19616]]
time and attendance records specifying time devoted to allowable VOCA
victim services; client files; the portion of the project supplied by
other sources of revenue; job descriptions; contracts for services; and
other records which facilitate an effective audit.
9. Maintain Civil Rights Information
Maintain statutorily required civil rights statistics on victims
served by race, national origin, sex, age, and disability, within the
timetable established by the state grantee; and permit reasonable
access to its books, documents, papers, and records to determine
whether the subrecipient is complying with applicable civil rights
laws. This requirement is waived when providing a service, such as
telephone counseling, where soliciting the information may be
inappropriate or offensive to the crime victim.
10. Comply With State Criteria
Subrecipients must abide by any additional eligibility or service
criteria as established by the state grantee including submitting
statistical and programmatic information on the use and impact of VOCA
funds, as requested by the grantee.
11. Services to Victims of Federal Crimes
Subrecipients must provide services to victims of federal crimes on
the same basis as victims of state/local crimes.
12. No Charge to Victims for VOCA-Funded Services
Subrecipients must provide services to crime victims, at no charge,
through the VOCA-funded project. Any deviation from this provision
requires prior approval by the state grantee. Prior to authorizing
subrecipients to generate income, OVC strongly encourages
administrators to carefully weigh the following considerations
regarding federal funds generating income for subrecipient
organizations.
a. The purpose of the VOCA victim assistance grant program is to
provide services to all crime victims regardless of their ability to
pay for services rendered or availability of insurance or other third-
party payment resources. Crime victims suffer tremendous emotional,
physical, and financial losses. It was never the intent of VOCA to
exacerbate the impact of the crime by asking the victim to pay for
services.
b. State grantees must ensure that they and their subrecipients
have the capability to track program income in accordance with federal
financial accounting requirements. All VOCA-funded program and match
income, no matter how large or small, is restricted to the same uses as
the VOCA grant.
Program income can be problematic because of the required tracking
systems needed to monitor VOCA-funded income and ensure that it is used
only to make additional services available to crime victims. For
example: VOCA often funds only a portion of a counselor's time.
Accounting for VOCA program income generated by this counselor is
complicated, involving careful record keeping by the counselor, the
subrecipient program, and the state.
13. Client-Counselor and Research Information Confidentiality
Maintain confidentiality of client-counselor information, as
required by state and federal law.
14. Confidentiality of Research Information
Except as otherwise provided by federal law, no recipient of monies
under VOCA shall use or reveal any research or statistical information
furnished under this program by any person and identifiable to any
specific private person for any purpose other than the purpose for
which such information was obtained in accordance with VOCA. Such
information, and any copy of such information, shall be immune from
legal process and shall not, without the consent of the person
furnishing such information, be admitted as evidence or used for any
purpose in any action, suit, or other judicial, legislative, or
administrative proceeding. See Section 1407(d) of VOCA codified at 42
U.S.C. 10604.
These provisions are intended, among other things, to ensure the
confidentiality of information provided by crime victims to counselors
working for victim services programs receiving VOCA funds. Whatever the
scope of application given this provision, it is clear that there is
nothing in VOCA or its legislative history to indicate that Congress
intended to override or repeal, in effect, a state's existing law
governing the disclosure of information which is supportive of VOCA's
fundamental goal of helping crime victims. For example, this provision
would not act to override or repeal, in effect, a state's existing law
pertaining to the mandatory reporting of suspected child abuse. See
Pennhurst School and Hospital v. Halderman, et al., 451 U.S. 1 (1981).
Furthermore, this confidentiality provision should not be interpreted
to thwart the legitimate informational needs of public agencies. For
example, this provision does not prohibit a domestic violence shelter
from acknowledging, in response to an inquiry by a law enforcement
agency conducting a missing person investigation, that the person is
safe in the shelter. Similarly, this provision does not prohibit access
to a victim service project by a federal or state agency seeking to
determine whether federal and state funds are being utilized in
accordance with funding agreements.
C. Eligible Subrecipient Organizations
VOCA specifies that an organization must provide services to crime
victims and be operated by a public agency or nonprofit organization,
or a combination of such agencies or organizations in order to be
eligible to receive VOCA funding. Eligible organizations include victim
services organizations whose sole mission is to provide services to
crime victims. These organizations include, but are not limited to,
sexual assault and rape treatment centers, domestic violence programs
and shelters, child abuse programs, centers for missing children,
mental health services, and other community-based victim coalitions and
support organizations including those who serve survivors of homicide
victims.
In addition to victim services organizations, whose sole purpose is
to serve crime victims, there are many other public and nonprofit
organizations that have components which offer services to crime
victims. These organizations are eligible to receive VOCA funds, if the
funds are used to expand or enhance the delivery of crime victims'
services. These organizations include, but are not limited to, the
following:
1. Criminal Justice Agencies
Such agencies as law enforcement organizations, prosecutors'
offices, courts, corrections departments, and probation and paroling
authorities are eligible to receive VOCA funds to help pay for victims'
services. For example, prosecutor-based victim services may include
victim-witness programs, victim notification, and victim impact
statements, including statements of pecuniary damages for restitution.
Corrections-based victim services may include victim notification,
restitution advocacy, victim-offender mediation programs, and victim
impact panels. Police-based victim services may include victim crisis
units or victim advocates, victim registration and notification, and
cellular phone and alarm services for domestic abuse victims. In
general, VOCA funds may be used to provide crime victim services that
exceed a law enforcement official's normal duties. Regular law
enforcement duties such as crime scene intervention,
[[Page 19617]]
questioning of victims and witnesses, investigation of the crime, and
follow-up activities may not be paid for with VOCA funds.
2. Religiously-Affiliated Organizations
Such organizations receiving VOCA funds must ensure that services
are offered to all crime victims without regard to religious
affiliation and that the receipt of services is not contingent upon
participation in a religious activity or event.
3. State Crime Victim Compensation Agencies
Compensation programs, including both centralized and decentralized
programs, may receive VOCA assistance funds if they offer direct
services to crime victims that extend beyond the essential duties of
compensation staff such as claims investigations, distribution of
information about compensation and referral to other sources of public
and private assistance. Such services would include assisting victims
in identifying and accessing needed services and resources.
4. Hospitals and Emergency Medical Facilities
Such organizations must offer crisis counseling, support groups,
and/or other types of victim services. In addition, state grantees may
only award VOCA funds to a medical facility for the purpose of
performing forensic examinations on sexual assault victims if (1) the
examination meets the standards established by the state, local
prosecutor's office, or state-wide sexual assault coalition; and (2)
appropriate crisis counseling and/or other types of victim services are
offered to the victim in conjunction with the examination.
5. Others
State and local public agencies such as mental health service
organizations, state/local public child and adult protective services,
state grantees, legal services agencies and programs with a
demonstrated history of advocacy on behalf of domestic violence
victims, and public housing authorities that have components
specifically trained to serve crime victims. Since the intention of the
VOCA grant program is to support and enhance the crime victim services
provided by community agencies, state grantees that meet the definition
of an eligible subrecipient organization may not subaward themselves
more than 10 percent of their annual VOCA award. This limitation
applies to all states and territories, except for the Northern Mariana
Islands, Guam, American Samoa, and the Republic of Palau.
D. Ineligible Recipients of VOCA Funds
Some public and nonprofit organizations that offer services to
crime victims are not eligible to receive VOCA victim assistance
funding. These organizations include, but are not limited to, the
following:
1. Federal Agencies
This includes U.S. Attorneys Offices and FBI Field Offices. Receipt
of VOCA funds would constitute an augmentation of the federal budget
with money intended for state agencies. However, private nonprofit
organizations that operate on federal land may be eligible
subrecipients of VOCA victim assistance grant funds.
2. In-Patient Treatment Facilities
For example, those designed to provide treatment to individuals
with drug, alcohol, and/or mental health-related conditions.
E. Services, Activities, and Costs at the Subrecipient Level
1. Allowable Costs for Direct Services
The following is a listing of services, activities, and costs that
are eligible for support with VOCA victim assistance grant funds within
a subrecipient's organization:
a. Immediate Health and Safety. Those services which respond to the
immediate emotional and physical needs (excluding medical care) of
crime victims such as crisis intervention; accompaniment to hospitals
for medical examinations; hotline counseling; emergency food, clothing,
transportation, and shelter (including emergency, short-term nursing
home shelter for elder abuse victims for whom no other safe, short-term
residence is available); and other emergency services that are intended
to restore the victim's sense of security. This includes services which
offer an immediate measure of safety to crime victims such as boarding-
up broken windows and replacing or repairing locks. Also allowable is
emergency legal assistance such as filing restraining orders and
obtaining emergency custody/visitation rights when such actions are
directly connected to family violence cases and are taken to ensure the
health and safety of the victim.
b. Mental Health Assistance. Those services and activities that
assist the primary and secondary victims of crime in understanding the
dynamics of victimization and in stabilizing their lives after a
victimization such as counseling, group treatment, and therapy.
``Therapy'' refers to intensive professional psychological/psychiatric
treatment for individuals, couples, and family members related to
counseling to provide emotional support in crises arising from the
occurrence of crime. This includes the evaluation of mental health
needs, as well as the actual delivery of psychotherapy.
c. Assistance with Participation in Criminal Justice Proceedings.
In addition to the cost of emergency legal services noted above in
section a. ``Immediate Health and Safety'', there are other costs
associated with helping victims participate in the criminal justice
system that also are allowable. These services may include advocacy on
behalf of crime victims; accompaniment to criminal justice offices and
court; transportation to court; child care or respite care to enable a
victim to attend court; notification of victims regarding trial dates,
case disposition information, and parole consideration procedures; and
assistance with victim impact statements. State grantees may also fund
projects devoted to restitution advocacy on behalf of specific crime
victims. VOCA funds cannot be used to pay for non-emergency legal
representation such as for divorces, or civil restitution recovery
efforts.
d. Forensic Examinations. For sexual assault victims, forensic
exams are allowable costs only to the extent that other funding sources
(such as state compensation or private insurance or public benefits)
are unavailable or insufficient and, such exams conform with state
evidentiary collection requirements. State grantees should establish
procedures to monitor the use of VOCA victim assistance funds to pay
for forensic examinations in sexual assault cases.
e. Costs Necessary and Essential to Providing Direct Services. This
includes pro-rated costs of rent, telephone service, transportation
costs for victims to receive services, emergency transportation costs
that enable a victim to participate in the criminal justice system, and
local travel expenses for service providers.
f. Special Services. Services to assist crime victims with managing
practical problems created by the victimization such as acting on
behalf of the victim with other service providers, creditors, or
employers; assisting the victim to recover property that is retained as
evidence; assisting in filing for compensation benefits; and helping to
apply for public assistance.
g. Personnel Costs. Costs that are directly related to providing
direct services, such as staff salaries and fringe benefits, including
malpractice insurance; the cost of advertising to recruit VOCA-funded
personnel; and
[[Page 19618]]
the cost of training paid and volunteer staff.
h. Restorative Justice. Opportunities for crime victims to meet
with perpetrators, if such meetings are requested or voluntarily agreed
to by the victim and have possible beneficial or therapeutic value to
crime victims.
State grantees that plan to fund this type of service should
closely review the criteria for conducting these meetings. At a
minimum, the following should be considered: (1) the safety and
security of the victim; (2) the benefit or therapeutic value to the
victim; (3) the procedures for ensuring that participation of the
victim and offender are voluntary and that everyone understands the
nature of the meeting, (4) the provision of appropriate support and
accompaniment for the victim, (5) appropriate ``debriefing''
opportunities for the victim after the meeting or panel, (6) the
credentials of the facilitators, and (7) the opportunity for a crime
victim to withdraw from the process at any time. State grantees are
encouraged to discuss proposals with OVC prior to awarding VOCA funds
for this type of activity. VOCA assistance funds cannot be used for
victim-offender meetings which serve to replace criminal justice
proceedings.
2. Other Allowable Costs and Services
The services, activities, and costs listed below are not generally
considered direct crime victim services, but are often a necessary and
essential activity to ensure that quality direct services are provided.
Before these costs can be supported with VOCA funds, the state grantee
and subrecipient must agree that direct services to crime victims
cannot be offered without support for these expenses; that the
subrecipient has no other source of support for them; and that only
limited amounts of VOCA funds will be used for these purposes. The
following list provides examples of such items:
a. Skills Training for Staff. VOCA funds designated for training
are to be used exclusively for developing the skills of direct service
providers including paid staff and volunteers, so that they are better
able to offer quality services to crime victims. An example of skills
development is training focused on how to respond to a victim in
crisis.
VOCA funds can be used for training both VOCA-funded and non-VOCA-
funded service providers who work within a VOCA recipient organization,
but VOCA funds cannot be used for management and administrative
training for executive directors, board members, and other individuals
that do not provide direct services.
b. Training Materials. VOCA funds can be used to purchase materials
such as books, training manuals, and videos for direct service
providers, within the VOCA-funded organization, and can support the
costs of a trainer for in-service staff development. Staff from other
organizations can attend in-service training activities that are held
for the subrecipient's staff.
c. Training Related Travel. VOCA funds can support costs such as
travel, meals, lodging, and registration fees to attend training within
the state or a similar geographic area. This limitation encourages
state grantees and subrecipients to first look for available training
within their immediate geographical area, as travel costs will be
minimal. However, when needed training is unavailable within the
immediate geographical area, state grantees may authorize using VOCA
funds to support training outside of the geographical area. For
example, VOCA grantees may benefit by attending national conferences
that offer skills building training workshops for victim assistance
providers.
d. Equipment and Furniture. VOCA funds may be used to purchase
furniture and equipment that provides or enhances direct services to
crime victims, as demonstrated by the VOCA subrecipient.
VOCA funds cannot support the entire cost of an item that is not
used exclusively for victim-related activities. However, VOCA funds can
support a prorated share of such an item. In addition, subrecipients
cannot use VOCA funds to purchase equipment for another organization or
individual to perform a victim-related service. Examples of allowable
costs may include beepers; typewriters and word processors; video-tape
cameras and players for interviewing children; two-way mirrors; and
equipment and furniture for shelters, work spaces, victim waiting
rooms, and children's play areas.
The costs of furniture, equipment such as braille equipment or TTY/
TTD machines for the deaf, or minor building alterations/improvements
that make victims services more accessible to persons with disabilities
are allowable. Refer to the OJP Financial Guide, effective edition,
before these types of decisions are made.
e. Purchasing or Leasing Vehicles. Subrecipients may use VOCA funds
to purchase or lease vehicles if they can demonstrate to the state VOCA
administrator that such an expenditure is essential to delivering
services to crime victims. The VOCA administrator must give prior
approval for all such purchases.
f. Advanced Technologies. At times, computers may increase a
subrecipient's ability to reach and serve crime victims. For example,
automated victim notification systems have dramatically improved the
efficiency of victim notification and enhanced victim security.
In order to receive a grant for advanced technologies, each
subrecipient must meet the program eligibility requirements set forth
in section IV.B. of the Guidelines, Subrecipient Organization
Eligibility Requirements. In making such expenditures, VOCA
subrecipients must describe to the state how the computer equipment
will enhance services to crime victims; how it will be integrated into
and/or enhance the subrecipient's current system; the cost of
installation; the cost of training staff to use the computer equipment;
the on-going operational costs, such as maintenance agreements,
supplies; and how these additional costs will be supported. Property
insurance is an allowable expense as long as VOCA funds support a
prorated share of the cost of the insurance payments.
State grantees that authorize equipment to be purchased with VOCA
funds must establish policies and procedures on the acquisition and
disbursement of the equipment, in the event the subrecipient no longer
receives a VOCA grant. At a minimum, property records must be
maintained with the following: a description of the property and a
serial number or other identifying number; identification of title
holder; the acquisition date; the cost and the percentage of VOCA funds
supporting the purchase; the location, use, and condition of the
property; and any disposition data, including the date of disposal and
sale price. (See OJP Financial Guide, effective edition.)
g. Contracts for Professional Services. VOCA funds generally should
not be used to support contract services. At times, however, it may be
necessary for VOCA subrecipients to use a portion of the VOCA grant to
contract for specialized services. Examples of these services include
assistance in filing restraining orders or establishing emergency
custody/visitation rights (the provider must have a demonstrated
history of advocacy on behalf of domestic violence victims); forensic
examinations on a sexual assault victim to the extent that other
funding sources are unavailable or insufficient; emergency
psychological or psychiatric services; or sign and/or interpretation
[[Page 19619]]
for the deaf or for crime victims whose primary language is not
English.
Subrecipients are prohibited from using a majority of VOCA funds
for contracted services, which contain administrative, overhead, and
other indirect costs included in the hourly or daily rate.
h. Operating Costs. Examples of allowable operating costs include
supplies; equipment use fees, when supported by usage logs; printing,
photocopying, and postage; brochures which describe available services;
and books and other victim-related materials. VOCA funds may support
administrative time to complete VOCA-required time and attendance
sheets and programmatic documentation, reports, and statistics;
administrative time to maintain crime victims' records; and the pro-
rated share of audit costs.
i. Supervision of Direct Service Providers. State grantees may
provide VOCA funds for supervision of direct service providers when
they determine that such supervision is necessary and essential to
providing direct services to crime victims. For example, a state
grantee may determine that using VOCA funds to support a coordinator of
volunteers or interns is a cost-effective way of serving more crime
victims.
j. Repair and/or Replacement of Essential Items. VOCA funds may be
used for repair or replacement of items that contribute to maintaining
a healthy and/or safe environment for crime victims, such as a furnace
in a shelter. In the event that a vehicle is purchased with VOCA funds,
related items, such as routine maintenance and repair costs, and
automobile insurance are allowable. State grantees are cautioned to
scrutinize each request for expending VOCA funds for such purposes to
ensure the following: (1) that the building or vehicle is owned by the
subrecipient organization and not rented or leased, (2) all other
sources of funding have been exhausted, (3) there is no available
option for providing the service in another location, (4) that the cost
of the repair or replacement is reasonable considering the value of the
building or vehicle, and (5) the cost of the repair or replacement is
pro-rated among all sources of income.
k. Public Presentations. VOCA funds may be used to support
presentations that are made in schools, community centers, or other
public forums, and that are designed to identify crime victims and
provide or refer them to needed services. Specifically, activities and
costs related to such programs including presentation materials,
brochures, and newspaper notices can be supported by VOCA funds.
3. Non-Allowable Costs and Activities
The following services, activities, and costs, although not
exhaustive, cannot be supported with VOCA victim assistance grant funds
at the subgrantee level:
a. Lobbying and Administrative Advocacy. VOCA funds cannot support
victim legislation or administrative reform, whether conducted directly
or indirectly.
b. Perpetrator Rehabilitation and Counseling. Subrecipients cannot
knowingly use VOCA funds to offer rehabilitative services to offenders.
Likewise, VOCA funds cannot support services to incarcerated
individuals, even when the service pertains to the victimization of
that individual.
c. Needs Assessments, Surveys, Evaluations, Studies. VOCA program
funds may not be used to pay for efforts conducted by individuals,
organizations, task forces, or special commissions to study and/or
research particular crime victim issues.
d. Prosecution Activities. VOCA funds cannot be used to pay for
activities that are directed at prosecuting an offender and/or
improving the criminal justice system's effectiveness and efficiency,
such as witness notification and management activities and expert
testimony at a trial. In addition, victim witness protection costs and
subsequent lodging and meal expenses are considered part of the
criminal justice agency's responsibility and cannot be supported with
VOCA funds.
e. Fundraising activities.
f. Indirect Organizational Costs. The costs of liability insurance
on buildings; capital improvements; security guards and body guards;
property losses and expenses; real estate purchases; mortgage payments;
and construction may not be supported with VOCA funds.
g. Property Loss. Reimbursing crime victims for expenses incurred
as a result of a crime such as insurance deductibles, replacement of
stolen property, funeral expenses, lost wages, and medical bills is not
allowed.
h. Most Medical Costs. VOCA funds cannot pay for nursing home care
(emergency short-term nursing home shelter as described in section
IV.E.1.a. is allowable), home health-care costs, in-patient treatment
costs, hospital care, and other types of emergency and non-emergency
medical and/or dental treatment. VOCA victim assistance grant funds
cannot support medical costs resulting from a victimization, except for
forensic medical examinations for sexual assault victims.
i. Relocation Expenses. VOCA funds cannot support relocation
expenses for crime victims such as moving expenses, security deposits
on housing, ongoing rent, and mortgage payments. However, VOCA funds
may be used to support staff time in locating resources to assist
victims with these expenses.
j. Administrative Staff Expenses. Salaries, fees, and reimbursable
expenses associated with administrators, board members, executive
directors, consultants, coordinators, and other individuals unless
these expenses are incurred while providing direct services to crime
victims.
k. Development of Protocols, Interagency Agreements, and Other
Working Agreements. These activities benefit crime victims, but they
are considered examples of the types of activities that subrecipients
undertake as part of their role as a victim services organization,
which in turn qualifies them as an eligible VOCA subrecipient.
l. Costs of Sending Individual Crime Victims to Conferences.
m. Activities Exclusively Related to Crime Prevention.
V. Program Reporting Requirements
State grantees must adhere to all reporting requirements and
timelines for submitting the required reports, as indicated below.
Failure to do so may result in a hold being placed on the drawdown of
the current year's funds, a hold being placed on processing the next
year's grant award, or can result in the suspension or termination of a
grant.
A. Subgrant Award Reports
A Subgrant Award Report is required for each organization that
receives VOCA funds and uses the funds for such allowable expenses
including employee salaries, fringe benefits, supplies, and rent. This
requirement applies to all state grantee awards including grants,
contracts, or subgrants and to all subrecipient organizations.
Subgrant Award Reports are not to be completed for organizations
that serve only as conduits for distributing VOCA funds or for
organizations that provide limited, emergency services, on an hourly
rate, to the VOCA subrecipient organizations. Services and activities
that are purchased by a VOCA subrecipient are to be included on the
subrecipient's Subgrant Award Report.
1. Reporting Deadline
State grantees are required to submit to OVC, within 90 days of
making the subaward, Subgrant Award Report information for each
subrecipient of VOCA victim assistance grant funds.
[[Page 19620]]
2. Electronic Submission
State grantees shall transmit their Subgrant Award Report
information to OVC via the automated subgrant dial-in system. By
utilizing the subgrant dial-in number (1-800/838-0106), grantees can
access the system without incurring a long distance telephone charge.
States and territories outside of the continental U.S. are exempt from
the requirement to use the subdial system, but these grantees must
complete and submit the Subgrant Award Report form, OJP 7390/2A, for
each VOCA subrecipient.
3. Changes to Subgrant Award Report
If the Subgrant Award Report information changes by the end of the
grant period, state grantees must inform OVC of the changes, by
revising the information via the automated subgrant subdial system. The
total of all Subgrant Award Reports submitted by the state grantee must
agree with the Final Financial Status Report (Standard Form 269A) that
is submitted at the end of the grant period.
B. Performance Report
1. Reporting Deadline
Each state grantee is required to submit specific grant performance
data on the OVC-provided Performance Report, form No. OJP 7390/4, by
December 31 of each year.
2. Administrative Cost Provision
For those state grantees who opt to use a portion of the VOCA
victim assistance grant for administrative costs, the Performance
Report will be used to describe how the funds were actually used and
the impact of the 5% administrative funds on the state grantee's
ability to expand, enhance, and improve services to crime victims.
State grantees who choose to use a portion of their VOCA victim
assistance grant for administrative costs must maintain a clear audit
trail of all costs supported by administrative funds and be able to
document the value of the grantee's previous commitment to
administering VOCA.
VI. Financial Requirements
As a condition of receiving a grant, state grantees and
subrecipients shall adhere to the financial and administrative
provisions set forth in the OJP Financial Guide and applicable OMB
Circulars and Common Rules. The following section describes the audit
requirements for state grantees and subrecipients, the completion and
submission of Financial Status Reports, and actions that result in
termination of advance funding.
A. Audit Responsibilities for Grantees and Subrecipients
Audits of non-profit institutions and institutions of higher
education must comply with the organizational audit requirements of OMB
Circular A-133, which states that recipients who expend $300,000 or
more during their fiscal year in federal funds during their fiscal
year, are required to submit an organization-wide financial and
compliance audit report within 13 months after the close of each fiscal
year during the term of the award to their cognizant federal agency.
State and local units of government must comply with the
organizational audit requirements of OMB circular A-128, which states
that recipients of $25,000 of federal funds during their fiscal year,
are required to submit an audit report to their cognizant agency.
Recipients who receive less than $25,000 in federal funds are exempt
from the audit requirement.
B. Audit Costs
Audit costs incurred at the grantee (state) level are determined to
be an administrative expense, and may be paid with the allowable five
percent for administration. Subrecipients may not use any VOCA funds to
pay for administrative costs, including the cost of audits.
C. Financial Status Report for State Grantees
Financial Status Reports (269A) are required from all state
agencies. A Financial Status Report shall be submitted to the Office of
the Comptroller for each calendar quarter in which the grant is active.
This Report is due even though no obligations or expenditures were
incurred during the reporting period. Financial Status Reports shall be
submitted to the Office of the Comptroller, by the state, within 45
days after the end of each calendar quarter. Calendar quarters end
March 31, June 30, September 30, and December 31. A Final Financial
Status Report is due 120 days after the end of the VOCA grant.
D. Termination of Advance Funding to State Grantees
If the state grantee receiving cash advances by direct Treasury
deposit demonstrates an unwillingness or inability to establish
procedures that will minimize the time elapsing between cash advances
and disbursements, OJP may terminate advance funding and require the
state to finance its operations with its own working capital. Payments
to the state will then be made to the state by the ACH Vendor Express
method to reimburse the grantee for actual cash disbursements. It is
essential that the grantee organization maintain a minimum of cash on
hand and that drawdowns of cash are made only when necessary for
disbursements.
VII. Monitoring
A. Office of the Comptroller
The Office of the Comptroller conducts periodic reviews of the
financial policies, procedures, and records of VOCA grantees and
subrecipients. Therefore, upon request, state grantees and
subrecipients must allow authorized representatives to access and
examine all records, books, papers, case files, or documents related to
the grant, use of administrative funds, and all subawards.
B. Office for Victims of Crime
OVC conducts on-site monitoring in which each state grantee is
visited a minimum of once every three years. While on site, OVC
personnel will review various documents and files such as (1) program
manuals and procedures governing the VOCA grant program; (2) reports
for the grantee and all VOCA subrecipients; (3) the state grantee's
VOCA application kit, procedures, and guidelines for subawarding VOCA
funds; and (4) all other state grantee and subrecipient records and
files.
In addition, OVC will visit selected subrecipients and will review
similar documents such as (1) reports; (2) policies and procedures
governing the organization and the VOCA funds; (3) programmatic records
of victims' services; and (4) timekeeping records and other supporting
documentation for costs supported by VOCA funds.
VIII. Suspension and Termination of Funding
If, after notice and opportunity for a hearing, OVC finds that a
state has failed to comply substantially with VOCA, the OJP Financial
Guide (effective edition), the Final Program Guidelines, or any
implementing regulation or requirement, OVC may suspend or terminate
funding to the state and/or take other appropriate action. At such
time, states may request a hearing on the justification for the
suspension and/or termination of VOCA funds. VOCA subrecipients, within
the state, may not request a hearing at the federal level. However,
VOCA subrecipients who believe that the state grantee has violated a
program and/or financial requirement are not precluded
[[Page 19621]]
from bringing the alleged violation(s) to the attention of OVC.
Dated: April 17, 1997.
Aileen Adams,
Director, Office for Victims of Crime, Office for Justice Programs.
[FR Doc. 97-10403 Filed 4-21-97; 8:45 am]
BILLING CODE 4410-18-P
