7050 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices

Respectfully submitted,

Kelly Signs, Michele B. Cano, Robert

McGeorge, Michael Harmonis,

Trial Attorneys, U.S. Department of Justice,

Antitrust Division, Transportation, Energy

and Agriculture Section, Suite 500, 325

Seventh Street, N.W., Washington, D.C.

20530, (202) 307–6351.

[FR Doc. 97–3698 Filed 2–13–97; 8:45 am]

BILLING CODE 4410–11–M

Drug Enforcement Administration

Importer of Controlled Substances;

Notice of Registration

By Notice dated October 21, 1996, and

published in the Federal Register on

November 29, 1996, (61 FR 60729),

Cambridge Isotope Lab, 50 Frontage

Road, Andover, Massachusetts 01810,

made application by renewal to the

Drug Enforcement Administration

(DEA) to be registered as an importer of

the basic classes of controlled

substances listed below:

Drug Schedule

Methaqualone (2565) .................. I.

Dimethyltryptamine (7435) .......... I.

Amphetamine (1100) ................... II.

Methamphetamine (1105) ........... II.

Pentobarbital (2270) .................... II.

Secobarbital (2315) ..................... II.

Phencyclidine (7471) ................... II.

Cocaine (9041) ............................ II.

Codeine (9050) ............................ II.

Benzoylecogonine (9180) ............ II.

Methadone (9250) ....................... II.

Morphine (9300) .......................... II.

Fentanyl (9801) ........................... II.

No comments or objections have been

received. DEA has considered the

factors in Title 21, United States Code,

Section 823(a) and determined that the

registration of Cambridge Isotope Lab to

import the listed controlled substances

is consistent with the public interest

and with United States obligations

under international treaties,

conventions, or protocols in effect on

May 1, 1971, at this time. Therefore,

pursuant to Section 1008(a) of the

Controlled Substances Import and

Export Act and in accordance with Title

21, Code of Federal Regulations, Section

1311.42, the above firm is granted

registration as an importer of the basic

classes of controlled substances listed

above.

Dated: January 27, 1997.

Gene R. Haislip,

Deputy Assistant Administrator, Office of

Diversion Control, Drug Enforcement

Administration.

[FR Doc. 97–3795 Filed 2–13–97; 8:45 am]

BILLING CODE 4410–09–M

Anibal P. Herrera, M.D.; Continuation

of Registration with Restriction;

Correction

January 31, 1997.

In notice document 96–31252

appearing on page 65075 in the issue of

Tuesday, December 10, 1996, make the

following correction:

On page 65075 at the top of page

(Docket No. 94–41) should read (Docket

No. 94–80).

James S. Milford,

Acting Deputy Administrator.

[Fr Doc. 97–3796 Filed 2–13–97; 8:45 am]

BILLING CODE 4410–09–M

Office of Justice Programs

[OJP (OVC) No. 1105]

RIN 1121–AA30

Victims of Crime Act Victim

Compensation 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 compensation

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: 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; telephone number (202) 307–

5983. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: VOCA

provides 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 Final Program Guidelines

provide information on the

administration and implementation of

the VOCA victim compensation grant

program as authorized in Section 1403

of VOCA, Public Law 98–473, as

amended, codified at 42 U.S.C. 10602

and 10603b, and contain the following

information: Summary of the Comments

on the Proposed Program Guidelines;

Background; Funding Allocation and

Application Process; Program

Requirements; Financial Requirements;

Monitoring; and Suspension and

Termination of Funding. These Final

Program 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.

The Office of Justice Programs, Office

for Victims of Crime, in conjunction

with the Office of Policy Development,

DOJ, and the Office of Information and

Regulatory Affairs, the Office of

Management and Budget (OMB), has

determined that this rule is not a

‘‘significant regulatory action’’ for

purposes of Executive Order 12866 and,

accordingly, these Final Program

Guidelines were not reviewed by OMB.

In addition, it has been determined

that these Final Program Guidelines will

not have a significant economic impact

on a substantial number of small

entities; therefore, an analysis of the

impact of these Guidelines on such

entities is not required by the

Regulatory Flexibility Act, 5 U.S.C. 601,

et seq.

The program reporting requirements

described in the Program Requirements

section have been approved by the 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

Proposed Program Guidelines

Proposed VOCA Victim

Compensation Program Guidelines were

distributed to interested individuals and

organizations for the purpose of

soliciting comments. In September,

1996, OVC asked the state VOCA victim

compensation program administrators

attending the annual conference of the

National Association of Crime Victim

Compensation Boards (NACVCB) for

their comments. In September, OVC also

mailed copies of the Proposed

Guidelines to all of the state VOCA

victim compensation and assistance

program administrators, as well as to the

executive directors of national victim

organizations.

OVC received comments from state

VOCA victim compensation and

assistance administrators,

representatives of national victim

organizations, and one state legislator.

In total, over 18 different

recommendations, questions, and

comments were received.

As a result of the 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
Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices 7051

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

Compensation Grants. The Final

Program Guidelines also include several

technical corrections that are not listed

in this summary because they do not

affect policy or implementation of the

Guidelines.

I. Comments From the Field

A. Administrative Cost Provision

1. Indirect Cost. Some respondents

questioned OVC’s prohibiting the use of

these funds for indirect cost and noted

that this was inconsistent with rules

governing other OJP formula grant

programs. Thus, this restriction has

been eliminated from the ‘‘Availability

of Funds’’ section of the Final Program

Guidelines.

2. Delivery and Quality of Services.

Respondents also noted that VOCA

compensation programs, like VOCA

assistance programs need to measure the

impact of their activities on the delivery

and quality of services to crime victims

throughout their state. Thus, the

following activities can now be

supported by VOCA victim

compensation administrative funds:

a. Improving coordination efforts on

behalf of crime victims with other OJP

Offices and Bureaus and with federal,

state, and local agencies and

organizations;

b. Providing training on crime victim

compensation program issues such as

application and eligibility requirements

and range of compensable expenses, to

state, public, and nonprofit

organizations that serve or assist crime

victims such as law enforcement

officials, victim witness coordinators,

corrections personnel, social service

workers, victim service providers, and

mental health and medical

professionals;

c. Purchasing, printing, and/or

developing applications, brochures and

other relevant publications such as

training manuals which describe the

compensation application process,

eligibility criteria, and range of benefits,

available for crime victims;

d. Developing protocols, policies, and

procedures that promote coordination of

victim compensation and victim

assistance services and improve the

ways crime victims are treated and

served;

B. Victim Cooperation with Law

Enforcement

OVC received numerous inquires

concerning the VOCA provision which

requires, as a condition of eligibility,

that a program promote victim

cooperation with the reasonable

requests of law enforcement.

Many victims of crime cannot qualify

for compensation because they have not

complied with reporting and

cooperating requirements found in most

state statutes. There are many reasons

for this, including fear of reprisal, a

belief by the victim that the police are

insensitive, ineffective, or biased, and

other reasons. Historically, the most

under reported crimes were rape, sexual

assault, and domestic violence.

Moreover, when many of these victims

do report, they frequently miss the 72-

hour reporting requirement used as a

condition of eligibility in most state

compensation programs.

In light of these facts, and in response

to comments from VOCA program

administrators and other crime victim

advocates, OVC has modified the Final

Program Guidelines. Although state

crime victim compensation programs

maintain the authority and discretion to

establish their own standards for

‘‘reasonable cooperation,’’ OVC

encourages state compensation program

staff to meet with victims and victim

service providers to carefully review

whether state statutes, program

guidelines, and policies are responsive

to the needs of crime victims and to

determine possible barriers that might

impede a victim’s cooperation with law

enforcement.

Possible impediments include

compelling health or safety reasons,

such as apprehension regarding

personal safety, fear of retaliation, and

intimidation by the offender or others.

For example, some victims may be

reluctant to cooperate fully with law

enforcement after receiving threats of

violence or even death against

themselves and their children from the

offender.

Age, psychological, cultural, or

linguistic barriers may also influence

the extent of victim cooperation with

law enforcement. For instance, there

may be special barriers deterring a

young child or senior citizen from

‘‘reasonable cooperation.’’ Likewise,

embarrassment and shame may delay

the reporting of sexual assault, and

cultural and language differences may

diminish a victim’s access to the

criminal justice system.

In setting the standard for victim

cooperation with law enforcement, the

state program should determine how

much weight to give to these

considerations.

VOCA’s ‘‘cooperation with the

reasonable requests of law enforcement’’

requirement may be fulfilled by

utilizing the following criteria or any

other criteria the state believes is

necessary to encourage victim

cooperation with law enforcement. For

example, a state may:

1. Require a victim to report the crime

to a law enforcement agency;

2. Require a victim to report the crime

to an appropriate governmental agency,

such as child and/or adult protective

services, family or juvenile court; or

3. Accept proof of the completion of

a medical evidentiary examination, such

as medical reports, x-rays, medical

photographs, as well as other clinical

assessments as evidence of cooperation

with law enforcement in cases involving

sexual assault or abuse.

Modifications to the ‘‘victim

cooperation with law enforcement’’

language are contained in the ‘‘Program

Requirements’’ section of the Final

Program Guidelines.

II. Legislative Changes

A. The Antiterrorism and Effective

Death Penalty Act of 1996 (Pub. L. 104–

132)

The Antiterrorism and Effective Death

Penalty Act of 1996 (Public Law 104–

132) (hereinafter ‘‘The Antiterrorism

Act’), signed into law on April 24, 1996,

contained a number of victim related

provisions that amended VOCA. Listed

below are three provisions that resulted

in changes to the ‘‘State Eligibility

Criteria’’ section of the Final Program

Guidelines.

1. State Eligibility Criteria/Mandatory

Coverage of Terrorism Victims in State

Compensation Statutes. The

Antiterrorism Act provides for a new

VOCA-eligibility requirement that each

state must include ‘‘crimes involving

terrorism’’ in their definition of

‘‘compensable crimes’’. Thus, the state

must offer compensation benefits to:

a. Residents and non-residents who

are injured or killed by a crime

involving terrorism occurring within the

state;

b. Its own residents who are injured

or killed in terrorist attacks occurring

outside the United States or in a state

that does not have an eligible crime

victim compensation program.

The law gives states until April 24,

1997 (Federal Fiscal Year 1998 grant

application) to come into compliance

with this new eligibility requirement for

receiving federal VOCA compensation

grants.

2. Means Testing. The Antiterrorism

Act also prohibits any federal, state, or
7052 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices

local government program that uses

federal funds from including victim

compensation benefits when

determining income eligibility for an

applicant, if the applicant needs such

assistance (medical or otherwise), in full

or in part, because of the commission of

a crime against the applicant.

3. Prohibition Against Awards To

Convicted Persons Owing Fines. The

Antiterrorism Act prohibits states from

awarding victim compensation benefits

to any person convicted of a federal

crime who is delinquent in paying a

fine, monetary penalty, or restitution

imposed for the offense. This provision,

however, will not become effective until

the U.S. Attorney General and the

Director of the Administrative Office of

the U.S. Courts issue a written

determination that the entities

administering federal victim programs

have access to accurate and efficient

criminal debt payment information. As

of this date, no such determination has

been made, and states are under no

obligation to investigate or make

determinations on whether a victim

owes a federal criminal debt before

awarding compensation benefits.

The Antiterrorism Act also resulted in

three changes to the ‘‘Availability of

Funds’’ section.

a. OVC Reserve Fund. The Antiterrorism Act authorizes the OVC

Director to establish a reserve fund, up

to $50 million, from current year Crime

Victims Fund (Fund) deposits which are

in excess of 110 percent of the total

amount deposited in the Fund during

the preceding fiscal year. 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

United States, 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

this 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 Omnibus Diplomatic

Security Act.

(2) States’ eligible 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.; and

(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.

(4) The Director of OVC may also

award OVC reserve funds to 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.

b. Unobligated Grant Funds.

Beginning with FFY 1997 VOCA grants,

funds not obligated by the end of the

grant period, up to a 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 Final

Program Guidelines. States are

encouraged to closely monitor the

expenditure of VOCA funds throughout

the grant period to avoid returning

unobligated balances at the end of the

grant period.

c. Grant Period Extended. The

Antiterrorism Act extended the VOCA

victim compensation 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.)

B. Omnibus Appropriations Act of 1997

This legislation 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 of the

Final Program Guidelines.

III. Changes in Applicable Federal

Regulations

A. 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

VOCA victim 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 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. This modification is included

in the ‘‘Application Process’’ section of

the Final Program Guidelines.

B. Higher Audit Threshold

In response to suggestions made by

many recipients of federal grant awards,

including VOCA grant recipients, OMB

Circular, A–133 was revised, raising the

audit threshold to $300,000 for all

organizations receiving federal grants.

This means that those state

compensation programs that expend

$300,000 or more in federal funding

within the state fiscal year must have an

audit made in accordance with OMB

Circular A–133, as amended. This rule

is effective for all fiscal years that began

on or after July 1, 1996.

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 of the Final

Program Guidelines.
Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices 7053

Guidelines for Crime Victim

Compensation Grants

I. Background

In 1984, VOCA established the Crime

Victims Fund (Fund) in the U.S.

Treasury and authorized the Fund to

receive deposits from fines and

penalties levied on criminals convicted

of federal crimes. This Fund provides

the source of funding for carrying out all

of the activities mandated by VOCA.

OVC makes annual VOCA crime

victim compensation grants from the

Fund to eligible states. The primary

purpose of these grants is to supplement

state efforts to provide financial

assistance and reimbursement to crime

victims throughout the Nation for costs

associated with being a victim of a

crime, and to encourage victim

cooperation and participation in the

criminal justice system. State crime

victim compensation programs may use

VOCA compensation grant funds to pay

for eligible expenses provided by the

state compensation statute except for

property damage and property losses.

States have the responsibility for

establishing guidelines and procedures

for applying for crime victim

compensation benefits which meet the

minimal statutory requirements

outlined in VOCA and the requirements

in these Final Program Guidelines.

II. Funding Allocation and Application

Process

A. Distribution of Crime Victim 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 in the preceding

Federal Fiscal Year.

The Federal Courts Administration

Act of 1992 removed the cap on the

Fund, beginning with FFY 1993

deposits. This Act also eliminated the

need for periodic reauthorization of

VOCA and the Fund. Thus, under

current legislation, the Fund will

continue to receive deposits.

The Violent Crime Control and Law

Enforcement Act of 1994 provides that

the deposits into the Fund are to 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 United

States Courts for administrative costs to

carry out the functions of the judicial

branch under Sections 3611 of Title 18,

U.S. Code.

2. 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. The remaining Fund deposits are

distributed as follows:

a. 48.5 percent is available for victim

compensation grants;

b. 48.5 percent is available for victim

assistance grants;

c. 3 percent is available for support of

services to federal crime victims and for

demonstration, training, and technical

assistance grants to eligible crime victim

programs.

B. Availability of Funds

1. VOCA Victim Compensation Grant

Formula.

The Director of OVC will make an

annual grant to eligible state crime

victim compensation programs equal to

40 percent of the amounts awarded by

the state program to victims of crime

from state sources of revenue during the

fiscal year preceding the year of

deposits in the Fund (two years prior to

the grant year). Note: Amounts paid to

compensate victims for property damage

or property loss cannot be included in

a state’s certification for a VOCA victim

compensation grant award. If the

amount in the Fund is insufficient to

award each state 40 percent of its prior

year’s compensation payout, Section

1403(a)(2) of VOCA provides that all

states will be awarded the same reduced

percentage of their prior year payout

from the available funds.

2. Reserve Fund.

As the result of the 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 inside their state borders or

outside of the borders of the United

States, 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 of 1986 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) States’ eligible crime victim

compensation and assistance programs

for providing emergency relief,

including crisis response efforts,

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 emergency relief to victims of

terrorist acts or mass violence occurring

within the U.S.

b. Offset Fluctuations in Fund. The

OVC director 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

compensation 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. State crime

victim compensation programs may pay

compensation claims retroactively from

October 1, even though the VOCA grant

may not be awarded until later in the

grant period.

4. Grant Deobligations. Funds not

obligated by the end of the grant period,

up to a total of $500,000, will be

returned to the Fund. 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.

C. Administrative Costs

1. Purpose of Administrative Cost

Allowance. Since FFY 1995, the VOCA

has allowed up to five percent of crime

victim compensation grant funds to be

used for administering the state crime

victim compensation grant program(s).

It is in the state’s discretion to use the
7054 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices

allowable five percent for program

administration. However, any part of the

allowable five percent which is not used

for administrative purposes must be

used for awards of compensation to

crime victims.

The intent of this provision of VOCA

is to support and advance program

administration in all operational areas

including claims processing, staff

development and training, public

outreach, and program funding by

supporting those activities that will

improve program effectiveness and

service to crime victims. If a state elects

to use up to five percent of their VOCA

compensation grant for administrative

purposes, only those costs directly

associated with administering the

program, enhancing overall program

operations such as training and public

outreach regarding eligiblity

requirements and available benefits, and

ensuring compliance with federal

requirements, can be paid with limited

administrative grant funds. Further,

states must certify that VOCA funds

used for administrative purposes will

not be used to supplant state or local

funds but will be used to increase the

amount of state funds that are available

for administering the compensation

program. For the purpose of establishing

a baseline level of effort, states should

maintain documentation as to the

overall administrative commitment of

the state prior to their use of VOCA

administrative grant funds.

2. Allowable Costs. Allowable

administrative costs include but are not

limited to the following: program

personnel, salary and benefits; travel

costs for attendance at state, regional,

and national compensation training

conferences; computer equipment and

support services; audit costs; costs

involved in the production and

distribution of program brochures and

posters, and other program outreach

activities; professional fees for computer

services and peer review of

compensation claims; agency

membership dues for victim

compensation organizations; program

enhancements such as toll-free

numbers; special equipment and

materials to facilitate service to persons

with disabilities, and other reasonable

costs directly related to administering a

compensation program.

The following activities impact the

delivery and quality of compensation

services to crime victims throughout the

state and, thus, can be supported by

administrative funds:

a. Improving coordination efforts on

behalf of crime victims with other OJP

Offices and Bureaus and with federal,

state, and local agencies and

organizations;

b. Providing training on crime victim

compensation program issues such as

aplication and eligibility requirements

and range of compensable expenses, to

state, public, and nonprofit

organizations that serve or assist crime

victims such as law enforcement

officials, victim witness coordinators,

corrections personnel, social service

workers, victim service providers, and

mental health and medical

professionals;

c. Purchasing, printing, and/or

developing applications, brochures and

other relevant publications such as

training manuals which describe the

compensation application process,

eligiblity criteria, and range of beneifts,

available for crime victims;

d. Developing protocols, policies, and

procedures that promote coordination of

victim compensation and victim

assistance services and improve the

ways crime victims are treated and

served; and

3. Salary Costs. Staff supported by

administrative funds under the VOCA

crime victim compensation grant must

work directly for the compensation

program in the same proportion as their

level of support from VOCA grant funds.

If the staff have other functions, the

proportion of time working on the

compensation program must be

documented using some reasonable

method at regular intervals such as time

and attendance records on all funded

staff which demonstrate the portion of

staff time spent on compensation related

activities. The documentation must

provide a clear audit trail for the

expenditure of grant funds.

Only staff activities directly related to

compensation functions can be funded

with VOCA administrative funds.

Similarly, any equipment purchases or

other expenditures charged to the VOCA

compensation grant should only be

charged proportionate to the percentage

of time utilized by the compensation

program.

Temporary or periodic personnel

support, such as qualified peer

reviewers for medical and mental health

claims, and data processing support

services are also allowable. These

services may be obtained through

contract using VOCA administrative

funds.

4. Requirement to Notify OVC of Use

of Administrative Funds. Those states

that elect to utilize administrative funds

under the VOCA compensation grant,

are required to include with their

annual application the following

information:

a. The amount of the total grant that

will be used for program administration;

b. An itemization of the state’s

projected expenditures and a general

description of the activities that will be

supported;

c. How these activities will improve

the administration of the VOCA

program and/or improve services to

crime victims.

A state may modify projections set

forth in their application by providing

OVC a revised description of their

planned use of administrative funds in

writing, subsequent to submitting their

annual application. However, the

revised description must be reviewed

prior to the obligation of any federal

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.

D. Application Process

1. Application for Federal Assistance.

Each year, OVC issues to each eligible

state a Program Instruction and

Application Kit, which contains the

necessary forms and detailed

information required to make

application for VOCA crime victim

compensation grant funds. The amount

for which each state may apply is

included in the Application Kit. States

shall use the Standard Form 424,

Application for Federal Assistance, and

its attachments to apply for VOCA

victim compensation grant funds.

Applications for VOCA crime victim

compensation grants may only be

submitted by the state agency

designated by the Governor to

administer the VOCA grant.

Completed applications must be

submitted on or before the stated

deadline, as determined by OVC. If an

eligible state fails to apply for its crime

victim compensation allocation by the

prescribed deadline, OVC will

redistribute federal VOCA crime victim

compensation dollars to the VOCA

victim assistance grant program as

provided by Section 1404(a)(1) of VOCA

(42 U.S.C. 10603 (a)(1)), assuming all

states have received the statutorily

prescribed 40% (percent) of their prior

years payouts.

In addition to submission of the

Application for Federal Assistance,

states shall submit the following

information:

a. A description of their arrangements

for complying with the audit provisions

of Circular A–133, as amended.

b. Certifications Regarding Lobbying,

Debarment, Suspension, and Other

Responsibility Matters; Drug-Free

Workplace Requirements; Civil Rights
Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices 7055

Compliance, and any other certifications

required by OJP and OVC. Additionally,

states must complete a disclosure form

specifying any lobbying activities that

are conducted.

c. Crime Victim Compensation

Eligible State Payments Certification

Form which is furnished by OVC. The

amount certified on this Form is used by

OVC to determine the annual federal

grant award to each eligible state in the

following year. This form must be

completed and signed by the authorized

individual within the agency designated

by the Governor to administer the

VOCA crime victims compensation

grant. For further information

concerning the state certification, see

the Program Requirements section.

d. An assurance that the program will

comply with all applicable

nondiscrimination requirements;

e. An assurance that in the event a

federal or state court or federal or state

administrative agency makes a finding

of discrimination after a due process

hearing, on the grounds of race, color,

religion, national origin, sex, or

disability against the program, the

program will forward a copy of the

finding to the Office of Justice Programs,

Office for Civil Rights (OCR);

f. 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;

g. An assurance that programs will

maintain information on crime victims

receiving services by race, national

origin, sex, age, and disabilities, where

such information is voluntarily

furnished by claimants. A state may, at

its discretion, use the following

language when soliciting claimant

responses: ‘‘The submission of

information regarding race/ethnic

background or disabilities is strictly

voluntary. A decision to not supply this

information will not affect your

eligibility for compensation benefits

information. However, this information

is important. We use it to study the

extent to which members of minorities

and persons with disabilities are

recipients of compensation benefits and

to determine the extent to which

outreach efforts should be enhanced to

ensure access and services to these

populations.’’

h. A copy of the state statute

authorizing the state’s crime victim

compensation program.

2. Enrollment in Automated Clearing

House. In addition to yearly submission

of the grant application and the abovementioned information and assurances,

states must be enrolled in the automated

clearing house (ACH) so that the U.S.

Department of Treasury can

electronically transfer the VOCA victim

compensation grant directly to the

grantee’s banking institution. 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 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 Electrocic

Certification System (LOCES) will be

automatically enrolled in the ACH

program. Enrollment in ACH need only

be completed once.

III. Program Requirements

A. State Eligibility Criteria

The fundamental criteria for

eligibility is the grantee must be an

operational state-administered crime

victim compensation program. The term

‘‘state’’ includes the District of

Columbia, the Virgin Islands, and any

other possession or territory of the

United States. Although an authorized

program that has not actually paid out

compensation benefits would be

technically eligible under Section

1403(b)(1) of VOCA, the program would

not be entitled to a VOCA grant because

it had not awarded any benefits that

could be matched under Section

1403(a)(1). VOCA compensation grant

funds may not be used as ‘‘start-up’’

funds for a new state program.

Section 1403 of VOCA prescribes the

conditions and eligibility criteria related

to crime victim compensation grants. In

order for a state to meet or maintain

eligibility for a crime victims

compensation grant, it must satisfy the

following eligibility requirements:

1. State Operated Compensation

Program for Victims. The program must

be operated by a state and offer

compensation to victims and survivors

of victims of ‘‘compensable crimes,’’

including crimes involving terrorism,

drunk driving, and domestic violence.

The Amendments to VOCA contained in

the Antiterrorism Act of 1996 gives

states until April 24, 1997 (FFY 1998

grant application) to come into

compliance with the new eligibility

conditions for receiving federal VOCA

compensation grants.

The term ‘‘compensable crime’’ means

a crime, the victims of which are

eligible for compensation under the

state’s eligible crime victim

compensation program statute or rule.

The range of expenses for which states

may award crime victims compensation

varies nationwide, although all states

must award compensation for medical

expenses, including mental health

counseling and care; loss of wages; and

funeral expenses.

2. Means Testing. The Antiterrorism

Act prohibits any federal, state, or local

government program that uses federal

funds from including victim

compensation benefits when

determining income eligibility for an

applicant, if the applicant needs such

assistance (medical or otherwise), in full

or in part, because of the commission of

a crime against the applicant.

3. Prohibition Against Awarding

Compensation to Those Delinquent in

Paying Federal Criminal Fines. The

Antiterrorism Act prohibits states from

awarding victim compensation benefits

to any person convicted of a federal

crime who is delinquent in paying a

fine, monetary penalty, or restitution

imposed for the offense.

This provision, however, will not

become effective until the U.S. Attorney

General and the Director of the

Administrative Office of the U.S. Courts

issue a written determination that the

entities administering federally-funded

victim compensation programs have

access to accurate and efficient criminal

debt payment tracking information. As

of this date, no such determination has

been made, and states are under no

obligation to investigate or make

determinations on whether a victim

owes a federal criminal debt, before

awarding compensation benefits.

4. Victim Cooperation with Law

Enforcement. Encouraging victims to

cooperate with law enforcement and to

report the crime is important to the

effective functioning of the criminal

justice system and to preventing further

victimization.

Although state crime victim

compensation programs maintain the

authority and discretion to establish

their own standards for ‘‘reasonable

cooperation,’’ OVC encourages state

compensation program staff to meet

with victims and advocates to carefully

review whether state statutes and state

program guidelines and policies are

responsive to the needs of crime victims

and to determine possible barriers that

might impede a victim’s cooperation

with law enforcement.

Possible impediments include

compelling health or safety reasons,

such as apprehension regarding

personal safety, fear of retaliation, and

intimidation by the offender or others.
7056 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices

For example, some victims may be

reluctant to cooperate fully with law

enforcement after receiving threats of

violence or even death against

themselves and their children from the

offender.

Age, psychological, cultural, or

linguistic barriers may also influence

the extent of victim cooperation with

law enforcement. For instance, there

may be special barriers deterring a

young child or senior citizen from

complying fully with law enforcement.

Embarrassment and shame may delay

the reporting of sexual assault, and

cultural and language differences may

diminish a victim’s access to the

criminal justice system.

In setting the standard for victim

cooperation with law enforcement, the

state program should determine how

much weight to give to these

considerations.

VOCA’s ‘‘cooperation with the

reasonable requests of law enforcement’’

requirement may be fulfilled by

utilizing the following criteria or any

other criteria the state believes is

necessary to encourage victim

cooperation with law enforcement. For

example, a state may:

a. Require a victim to report the crime

to a law enforcement agency;

b. Require a victim to report the crime

to an appropriate governmental agency,

such as child and/or adult protective

services, family court, or juvenile court;

or

c. Accept proof of the completion of

a medical evidentiary examination, such

as medical reports, x-rays, medical

photographs, as well as other clinical

assessments as evidence of cooperation

with law enforcement in cases involving

sexual assault or abuse.

5. Nonsupplantation. The state must

certify that grants received under this

section will not be used to supplant

state funds otherwise available to

provide crime victim compensation or

to administer the state crime victim

compensation program.

The nonsupplantation provision is

intended to assure that states use VOCA

funds to augment, not replace,

otherwise available state funding for

crime victim compensation. More

specifically, the states may not decrease

their financial commitment to crime

victim compensation solely because

they are receiving VOCA funds for the

same purpose.

6. Compensation for Residents

Victimized Outside Their Own State.

The state must provide compensation to

residents of the state who are victims of

crimes occurring outside the state, if the

crimes would be compensable had they

occurred inside that state; and the

crimes occurred in a state not having an

eligible crime victim compensation

program, or occurred outside the U.S. (If

the compensable crime is terrorism as

defined in Section 2331 of title 18 of the

U.S. Code). The state must make these

awards according to the same criteria

used to make awards to those who are

victimized while in the state.

This provision is intended to cover

those residents of a state who are

victimized in a state which does not

have an eligible crime victims

compensation program for which the

victim qualifies. In such instances, the

victim would be eligible to apply for

crime victim compensation from the

State in which he or she resides.

7. Compensation for Non-residents of

a State. The state must make

compensation awards to victims who

are non-residents of the state according

to the same criteria used to make awards

to victims who are residents of such

state.

Eligibility for VOCA funds requires

the state program to extend its coverage

to all non-residents victimized in the

state. Note: For the purposes of this

provision, the term ‘‘non-resident’’

must, at a minimum, include anyone

who is a resident in one state but

victimized in another. A state may, at its

discretion, broaden its definition of nonresident to include anyone victimized in

the state regardless of whether the

victim is a United States resident.

This provision is intended to ensure

that non-residents of a state, who are

victimized in a state that has an eligible

compensation program, are provided the

opportunity to apply for and receive the

same compensation benefits that are

available to residents of the state. The

provision of reciprocal agreements with

certain other states will not suffice to

meet these criteria.

8. Victims of Federal Crime. The state

must provide compensation to victims

of federal crimes occurring within the

state on the same basis that such

program provides compensation to

victims of state crimes.

For example, a victim of a rape,

occurring on a federal installation or

Indian reservation inside the state, must

be afforded the same benefits that would

be available to the victim if the rape

were classified as a crime against the

state. This provision is intended to

cover those individuals victimized on

military installations, national parks

and highways, Native American

reservations, and under other

circumstances where Federal

jurisdiction exists since there is no

federal compensation program which

provides benefits to victims covered

under federal jurisdiction.

9. Unjust Enrichment. Except

pursuant to rules issued by the

compensation program to prevent unjust

enrichment of the offender, the state

cannot deny compensation to any

victim because of that victim’s familial

relationship to the offender, or because

of the sharing of a residence by the

victim and the offender.

Unjust enrichment, as the basis for

denying crime victims compensation,

must be based upon written rules issued

by the state crime victims compensation

program. ‘‘Rules’’ mean either written

policies or directives developed and

distributed by state crime victim

compensation programs or rules

adopted by legislative or administrative

bodies. Such rules cannot have the

effect of denying compensation to a

substantial percentage of domestic

violence victims. The rules relating to

unjust enrichment should be applicable

to all claims for compensation although

it is recognized that domestic violence

cases have the greatest potential for

unjust enrichment.

In general, programs must balance the

goals of making compensation benefits

available to victims and preventing

unjust enrichment of offenders. State

programs are strongly encouraged to

work with domestic violence coalitions

and representatives to this end.

In developing rules, the states are

encouraged to consider the following:

a. Legal responsibilities of the

offender to the victim under the laws of

the state and collateral resources

available to the victim from the

offender. For example, legal

responsibilities may include courtordered restitution or requirements for

spouse and/or family support under the

domestic or marital property laws of the

state. Collateral resources may include

insurance or pension benefits available

to the offender to cover the costs

incurred by the victim as a result of the

crime. However, as with other crimes,

victims of domestic violence should not

be penalized when collateral sources of

payment are not viable, e.g., when the

offender refuses to, or cannot, pay

restitution or other civil judgments

within a reasonable period of time or

when the offender otherwise impedes

direct or third party (i.e., insurance)

payments.

b. Payments to victims of domestic

violence which benefit offenders in only

a minimal or inconsequential manner

would not be considered unjust

enrichment. To deny payments, in some

instances, could serve to further

victimize the claimant. For example,

denial of medical or dental expenses

solely because the offender has legal

responsibility for the charges, but is
Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices 7057

unwilling, or unable to pay them, could

result in the victim’s inability to receive

treatment.

c. Consultation with social services

and other concerned governmental

entities, as well as with private

organizations that support and advocate

on behalf of domestic violence victims.

d. The special needs of child victims

of criminal violence especially when the

perpetrator was the parent who may or

may not have lived in the same

residence.

10. Other Information Requested by

the OVC Director. The state must

provide such other information and

assurances as the Director of OVC may

reasonably require.

11. Payor of Last Resort. When a

victim is eligible to receive benefits

from a federal program or federally

financed state or local program, such as

Medicaid, the state compensation

program shall not pay the costs that the

federal or federally financed programs

covers. Additionally, the federal or

federally financed program shall make

its payments without regard to the

existence of the crime victim

compensation program. The

compensation program is the payor of

last resort with regard to federal or

federally financed programs.

OVC encourages state grantees to

coordinate their VOCA assistance and

compensation activities to ensure a

continuum of services for crime victims.

Coordination may include activities

such as: planning meetings; training

activities for direct service providers on

the general parameters of the state

compensation agency’s program (e.g.,

eligibility criteria, completion of claims,

and time frames for receiving

compensation); providing information

on VOCA-funded victim assistance

services within the state; and

developing joint guidance, where

applicable, on third-party payments to

VOCA assistance organizations.

OVC also requires state grantees to

coordinate their activities with the

Victim/Witness Coordinator staff within

U.S. Attorney Offices to ensure that the

Coordinators are aware of available

resources for victims of federal crime.

B. State Certifications

Guidelines on amounts to be included

as well as amounts to be excluded in a

state’s certification of payments of crime

victims compensation from state

funding sources are furnished below:

1. Program Revenue. States must

report on the certification form all

sources of state revenue available to the

crime victims compensation program

during the Federal Fiscal Year. In some

instances, funds are made available to

the crime victims compensation

program from other departments or

agencies, from supplemental

appropriations, donations, or unspent

funds carried over from prior years. All

state funds which are available during

the Federal Fiscal Year should be

reported. The amount of certified

revenue, excluding VOCA funds, but

including all other sources, including

carried over funds, must meet or exceed

the amount of certified payments to

crime victims.

2. Amounts to Be Included. The total

amount to be certified by the state

program must include only those

amounts paid from state funding

sources to or on behalf of crime victims

during the Federal Fiscal Year (October

1 to September 30).

3. Compensable Expenses. The range

of expenses for which states may award

crime victims compensation varies

nationwide, although all states must

award compensation for medical

expenses, including mental health

counseling and care; loss of wages; and

funeral expenses. Note: The term

‘‘medical expenses’’ includes, to the

extent provided under the state crime

victim compensation program statute,

expenses for eyeglasses and other

corrective lenses; dental services,

devices, and prosthetic devices; and for

services rendered in accordance with a

method of healing recognized by the law

of the state. ‘‘Mental health counseling

and care’’ means the assessment,

diagnosis, and treatment of an

individual’s mental and emotional

functioning that is required to alleviate

psychological trauma resulting from a

compensable crime. Such intervention

must be provided by a person who

meets such standards as may be set by

the state for victim mental health

counseling and care.

Compensable expenses to be included

in the annual certification must be

authorized by state statute or rule,

providing there is rule making authority

in state law. States may include

expenses, not specifically identified in

VOCA, such as pain and suffering;

crime scene clean up; replacement costs

for clothing and bedding held as

evidence; annuities for child victims for

loss of support; medically-necessary

building modification; medicallynecessary devices; and attorney fees

related to a victim’s claim for

compensation.

States may also include payments

related to forensic sexual assault

examinations, even if the victim did not

report the crime to law enforcement if

such payments are made from funds

administered by the compensation

program and are allowable under the

state’s statute or administrative rules.

4. Amounts to Be Excluded. States

must exclude, in the certification,

VOCA grant funds, compensation for

property losses or property damage,

audit costs, personnel costs, and any

other program administrative costs.

5. Applicable Credits. Any

‘‘applicable credits’’ must be deducted

from the state certification. The term

‘‘applicable credits’’ refers to those

receipts or reduction of expenditures,

which offset or reduce expense items

that are allocable to a particular crime

victim compensation claim. Typical

examples of applicable credits in state

crime victims compensation programs

include funds received through a state’s

subrogation interest in a claimant’s civil

law suit recovery, restitution, refunds,

or other reimbursements. Refunds

include amounts from overpayment,

erroneous payments made to claimants,

uncashed checks, etc. Additional

guidance regarding applicable credits

can be found in OMB Circular A–87,

‘‘Cost Principles for State and Local

Governments.’’

States must determine how to account

for both the receipt and expenditure of

restitution and refunds. Note: A state is

not required to reduce its certified

payment figure by the amount of

restitution recoveries received by the

state which are not directly related to

the payment of crime victim

compensation benefits, nor when such

reimbursements were from payments to

victims prior to receiving a VOCA

award.

6. Recovery Costs. Salary costs for

personnel directly involved in recovery

efforts, which are directly attributable to

the recovery of restitution, refunds, and

other reimbursements, may be offset

against the amount of income received

from such reimbursement. Expenses

shall be limited to the percentage of

those salaries incurred by the state for

employees whose primary

responsibilities (not less than 75 percent

of their time) are directly and

specifically related to recovering

restitution and other reimbursements.

Recovery costs can not be claimed for

employees whose salary is derived from

federal administrative grant funds.

7. Source of Payments to Crime

Victims. There is no financial

requirement that state compensation

programs identify the source of

individual payments to crime victims as

either federal or state dollars, nor is

there any requirement that restitution

recoveries or other refunds be tracked to

federal or state dollars paid out to the

victim.
7058 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices

C. Incorrect Certifications

If it is determined that a state has

made an incorrect certification of

payments of crime victims

compensation from state funding

sources and a VOCA crime victim

compensation grant is awarded in error,

one of the following two courses of

action will be taken:

1. Over Certification. In the event that

an over certification comes to the

attention of OVC or the Office of the

Comptroller, OJP, the necessary steps

will be taken to recover funds which

were awarded in error. OVC does not

have the authority to permit states to

keep amounts they were not entitled to

as a result of overcertification.

2. Under Certification. If a state

under-certifies amounts paid to crime

victims, OVC will not supplement

payments to the state in a subsequent

year to correct the state’s error. Once

OVC awards funds in a given FFY, there

are no excess funds available to remedy

errors of this nature.

D. Program Reporting Requirements

1. Annual Performance Report. States

receiving VOCA crime victims

compensation grant funds are required

to submit an Annual Performance

Report that is provided by OVC. The

Report requests specific information

about claims for compensation, such as

types of crimes compensated, including

terrorism, drunk driving and domestic

violence, disposition of claims,

payments for compensable expenses,

and use of administrative and training

funds. The Performance Report covers

the Federal Fiscal Year ending

September 30 and is due to OVC by

December 30 of the same year.

E. Additional Requirements

1. 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, 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.

2. Confidentiality of Research

Information. Except as otherwise

provided by law, no recipient of monies

under VOCA shall use or reveal any

research or statistical information

gathered 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(d)].

This provision is intended, among

other things, to assure the

confidentiality of information provided

by crime victims to employees of

VOCA-funded victim compensation

programs. However, 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

a suspected child abuse. See Pennhurst

State School and Hospital v.

Halderman, et al., 451 U.S. 1 (1981).

IV. Financial Requirements

As a condition of receiving a grant,

states agree to insure adherence to the

general and specific requirements as set

forth in the ‘‘OJP Financial Guide’’ and

applicable OMB Circulars and Common

Rules. This includes the maintenance of

books and records in accordance with

generally accepted government

accounting principles. States further

agree to identify their state fiscal year

and federal cognizant audit agency. This

section describes the payment of grant

funds, termination of advanced funding;

financial status reports, and audit

requirements.

A. Audit Responsibilities for States

State compensation programs that

expend $300,000 or more in federal

financial assistance within the state’s

fiscal year are required to have an audit

in accordance with OMB Circular A–

133, as amended. State and local

governments expending less than

$300,000 in their fiscal year are exempt

from audit requirements. This rule is

effective for all fiscal years that began

on or after July 1, 1996.

B. Audit Costs

Although under OMB Circular A–133

audit costs are generally allowable

charges under federal grants, audit costs

incurred at the grantee level are

determined to be an administrative

expense and may be paid with the

allowable five percent for

administration. Any of the VOCA grant

monies used for administrative

purposes cannot be included in the

state-certified payout.

C. Financial Status Report for States

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 when 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, no later than January

31.

D. Termination of Advance Funding

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.
Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices 7059

V. Monitoring

A. Office of the Comptroller/General

Accounting Office/Office of the

Inspector General

The Office of the Comptroller, the

General Accounting Office, and the

Office of the Inspector General conduct

periodic reviews of the financial

policies and procedures and records of

VOCA state grantees. Therefore, upon

request, states must give authorized

representatives the right to access and

examine all records, books, papers, case

files, or other documents related to the

grant.

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) financial and program

manuals and procedures governing the

crime victim compensation grant

program; (2) financial records, reports,

and audit reports for the state grantee;

(3) the state’s compensation application,

procedures, and guidelines for awarding

compensation benefits; (4) a random

sampling of victim compensation claim

files; and (5) all other applicable state

records and files.

VI. Suspension and Termination of

Funding

If, after notice to the grantee, 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. Under the

procedures of 28 CFR Part 18 (7–1–96-

Edition), states may request a hearing on

the justification for the suspension and/

or termination of VOCA funds.

Dated: February 10, 1997.

Marti Speights,

Director of Special Projects Division, Office

for Victims of Crime, Office for Justice

Programs.

[FR Doc. 97–3715 Filed 2–13–97; 8:45 am]

BILLING CODE 4410–18–P

DEPARTMENT OF LABOR

Employment Standards Administration

Wage and Hour Division

Minimum Wages for Federal and

Federally Assisted Construction;

General Wage Determination Decisions

General wage determination decisions

of the Secretary of Labor are issued in

accordance with applicable law and are

based on the information obtained by

the Department of Labor from its study

of local wage conditions and data made

available from other sources. They

specify the basic hourly wage rates and

fringe benefits which are determined to

be prevailing for the described classes of

laborers and mechanics employed on

construction projects of a similar

character and in the localities specified

therein.

The determinations in these decisions

of prevailing rates and fringe benefits

have been made in accordance with 29

CFR Part 1, by authority of the Secretary

of Labor pursuant to the provisions of

the Davis-Bacon Act of March 3, 1931,

as amended (46 Stat. 1494, as amended,

40 U.S.C. 276a) and of other Federal

statutes referred to in 29 CFR Part 1,

Appendix, as well as such additional

statutes as may from time to time be

enacted containing provisions for the

payment of wages determined to be

prevailing by the Secretary of Labor in

accordance with the Davis-Bacon Act.

The prevailing rates and fringe benefits

determined in these decisions shall, in

accordance with the provisions of the

foregoing statutes, constitute the

minimum wages payable on Federal and

federally assisted construction projects

to laborers and mechanics of the

specified classes engaged on contract

work of the character and in the

localities described therein. Good cause

is hereby found for not utilizing notice

and public comment procedure thereon

prior to the issuance of these

determinations as prescribed in 5 U.S.C.

553 and not providing for delay in the

effective date as prescribed in that

section, because the necessity to issue

current construction industry wage

determinations frequently and in large

volume causes procedures to be

impractical and contrary to the public

interest.

General wage determination

decisions, and modifications and

supersedeas decisions thereto, contain

no expiration dates and are effective

from their date of notice in the Federal

Register, or on the date written notice

is received by the agency, whichever is

earlier. These decisions are to be used

in accordance with the provisions of 29

CFR Parts 1 and 5. Accordingly, the

applicable decision, together with any

modifications issued, must be made a

part of every contract for performance of

the described work within the

geographic area indicated as required by

an applicable Federal prevailing wage

law and 29 CFR Part 5. The wage rates

and fringe benefits, notice of which is

published herein, and which are

contained in the Government Printing

Office (GPO) document entitled

‘‘General Wage Determinations Issued

Under The Davis-Bacon And Related

Acts,’’ shall be the minimum paid by

contractors and subcontractors to

laborers and mechanics.

Any person, organization, or

governmental agency having an interest

in the rates determined as prevailing is

encouraged to submit wage rate and

fringe benefit information for

consideration by the Department.

Further information and selfexplanatory forms for the purpose of

submitting this data may be obtained by

writing to the U.S. Department of Labor,

Employment Standards Administration,

Wage and Hour Division, Division of

Wage Determinations, 200 Constitution

Avenue, N.W., Room S–3014,

Washington, D.C. 20210.

Supersedeas Decisions to General Wage

Determination Decisions

The number of the decisions being

superseded and their date of notice in

the Federal Register are listed with each

State. Supersed as decision numbers are

in parentheses following the number of

decisions being superseded.

Volume I

Connecticut

CT96–1 (Mar. 15, 1996) (CT97–1)

CT96–2 (Mar. 15, 1996) (CT97–2)

CT96–3 (Mar. 15, 1996) (CT97–3)

CT96–4 (Mar. 15, 1996) (CT97–4)

CT96–5 (Mar. 15, 1996) (CT97–5)

CT96–6 (Mar. 15, 1996) (CT97–6)

CT96–7 (Mar. 15, 1996) (CT97–7)

CT96–8 (Mar. 15, 1996) (CT97–8)

CT96–9 (Mar. 15, 1996) (CT97–9)

CT96–10 (Mar. 15, 1996) (CT97–10)

CT96–11 (Mar. 15, 1996) (CT97–11)

CT96–12 (Mar. 15, 1996) (CT97–12)

Massachusetts

MA96–1 (Mar. 15, 1996) (MA97–1)

MA96–2 (Mar. 15, 1996) (MA97–2)

MA96–3 (Mar. 15, 1996) (MA97–3)

MA96–4 (Mar. 15, 1996) (MA97–4)

MA96–5 (Mar. 15, 1996) (MA97–5)

MA96–6 (Mar. 15, 1996) (MA97–6)

MA96–7 (Mar. 15, 1996) (MA97–7)

MA96–8 (Mar. 15, 1996) (MA97–8)

MA96–9 (Mar. 15, 1996) (MA97–9)

MA96–10 (Mar. 15, 1996) (MA97–10)

MA96–11 (Mar. 15, 1996) (MA97–11)

MA96–12 (Mar. 15, 1996) (MA97–12)

MA96–13 (Mar. 15, 1996) (MA97–13)

MA96–14 (Mar. 15, 1996) (MA97–14)

MA96–15 (Mar. 15, 1996) (MA97–15)