24888 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

31, in conjunction with the Part B

Formula Grants Program Multi-year

Plan or Annual Plan Update. Section

223(a) of the JJDP Act requires that the

Formula Grants Plan be ‘‘amended

annually to include new programs and

challenge activities subsequent to State

participation in part E.’’

Technical Assistance: Technical

Assistance to support the States’ efforts

in implementing the Challenge

Activities Program is available from

OJJDP through the same process used

for requesting technical assistance for

the Formula Grants program.

Other Requirements—General: The

relevant administrative requirements for

categorical grants contained in the

effective edition of Office of Justice

Programs Guideline M.7100 apply to the

Part E Challenge Grant Program.

However, Progress Reports for Challenge

Grants are required semi-annually, not

quarterly as indicated in M.7100.

Other Requirements—Statutory:

Section 223(a)(3)(D)(ii) of the JJDP Act

requires that the State Advisory Group’s

annual recommendations to the Chief

Executive Officer and the legislature of

the State include ‘‘progress relating to

challenge activities carried out pursuant

to part E.’’

Applications for Challenge Grants

must contain an assurance that the State

will comply with this provision.

Responses to Public Comments

Ten comments to the proposed

guideline were received. A summary of

the comments and OJJDP’s responses

follow. In some instances, the summary

comments listed below incorporate

specific comments from more than one

respondent. Many responses were in

support of the program and did not raise

questions specific to the guideline. The

following comments reflect the

submissions that seek clarification or

change.

Comment. Several States expressed

concern that the proposed guideline

specifies that the only eligible

applicants are the State Agencies,

designated by the Chief Executive of the

State. The comments received requested

that the States be allowed to contract or

subgrant the implementation of

Challenge Activities to other entities.

Response. The final guideline allows

States to award grants or contracts to

public and private agencies.

Comment. States should be urged to

work closely with local (town and

municipal, as well as County) entities in

the development of community-based

alternatives to incarceration and the

development of community-based

alternatives to suspension and

expulsion from school.

Response. Just as States are required

to provide for active consultation with

and participation of units of general

local government or combination

thereof in the development of the State

Plan, OJJDP urges States to work closely

with local entities in the development of

the Challenge activities. Also, by virtue

of the State Advisory Group’s

involvement in the approval of the Part

E—Challenge Grant application, the

State will have benefit of SAG input

representative of community interests.

Comment. States should be given the

opportunity to decide how much money

to allocate per challenge activity applied

whether the sum is more or less than

10% of a State’s formula Grant

allocation received.

Response. The 10% maximum

amount is designed to encourage States

to undertake multiple challenges. States

may elect to allocate less than 10% per

challenge activity and to undertake

more than two Challenge activities in

FY 1995.

Comment. Under Application

Component 3. Project Summary, it is

required that ‘‘collateral activities’’ to be

funded from other sources be listed. Are

collateral activities required in order to

receive Challenge Grant funds?

Response. The Part E—Challenge

Grants Program does not have a

‘‘match’’ requirement. However, as with

all Federal programs, collaboration to

the fullest extent possible is encouraged.

States are encouraged to maximize the

effectiveness of Challenge activities

through coordination with

complementary programs funded by

other sources.

Shay Bilchik,

Administrator.

[FR Doc. 95–11449 Filed 5–9–95; 8:45 am]

BILLING CODE 4410–18–P

Office for Victims of Crime

[OJP NO. 1045]

RIN 1121–AA30

Victims of Crime Act Victim Assistance

Grant Program

AGENCY: Department of Justice, Office of

Justice Programs, Office for Victims of

Crime.

ACTION: Interim Final Program

Guidelines.

SUMMARY: The Office for Victims of

Crime (OVC), Office of Justice Programs

(OJP), U.S. Department of Justice (DOJ),

is publishing Interim 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 Interim Final

Program Guidelines are effective May

10, 1995.

FOR FURTHER INFORMATION CONTACT:

Carolyn A. Hightower, Acting Director,

State Compensation and Assistance

Division, telephone number (202) 307–

5947.

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

on the following: 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

during the first nine years of the grant

program and are in accordance with

VOCA. These Interim Final Program

Guidelines supersede any Guidelines

issued previously by OVC.

The Office of Justice Programs, Office

for Victims of Crime, has determined

that this rule is not a ‘‘significant

regulatory action’’ for purposes of

Executive Order 12866 and,

accordingly, these Guidelines were not

reviewed by the Office of Management

and Budget.

In addition, these 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, 5 U.S.C. 601, et seq.

The collection of information

requirements contained in the Program

Requirements section was submitted to

the Office of Management and Budget

(OMB) for review under the Paperwork

Reduction Act, 44 U.S.C. 3504(h).

Approval to use the specified reports to

gather information on the use and

impact of VOCA victim assistance grant

funds has been granted by OMB.

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
Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices 24889

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 serves as the Federal

government’s chief advocate for all

crime victim issues, which includes

ensuring that the criminal justice system

addresses the legitimate rights and

interests of crime victims. OVC’s

program activities support this role.

These Program Guidelines address the

specific program and financial

requirements of the VOCA crime victim

assistance grant program.

OVC makes annual VOCA crime

victim assistance grants from the Fund

to States. The primary purposes of these

grants are to support the provision of

direct services to victims of violent

crime throughout the Nation. For the

purpose of these Guidelines, direct

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 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, 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

statutory requirements outlined in

VOCA and these Program Guidelines.

Allocation of VOCA Victim Assistance

Funds

A. Distribution of the Crime Victims

Fund

OVC administers monies deposited

into the Fund for activities, as

authorized in VOCA. The amount of

funds available for distribution each

year is dependent upon the total

deposits into the Fund during the

previous Federal Fiscal Year (October 1

through September 30).

The Violent Crime Control and Law

Enforcement Act of 1994 (Public Law

103–322, Title XXIII, Subtitle B)

amended VOCA and made three major

changes that affect the VOCA victim

assistance grant program. First, the

Director of OVC has the authority to

retain up to $20,000,000 to be held in

reserve and used in a year in which the

Fund falls below the amount available

in the previous year [Section

1402(d)(4)]. Second, the legislation

changed the formula for allocating Fund

deposits [Section 1402(d)]. Third, State

administrators of VOCA victim

assistance grant funds may retain up to

5% of each year’s grant for

administrative purposes [Section

1404(b)(3).] Please refer to the section

entitled VOCA Victim Assistance

Application Process, B. Administrative

Cost Provision for State Grantees for

information on this provision.

B. Formula for Distributing Crime

Victims Fund Deposits

Beginning with FFY 1995, deposits

into the Fund will be distributed as

follows [Section 1402 (d)]:

1. The first $6,200,000 deposited in

the Fund in each of the fiscal years 1992

through 1995 and the first $3,000,000 in

each fiscal year thereafter shall be

available to the Federal judicial branch

for administrative costs to carry out the

functions of the judicial branch under

Sections 3611 of Title 18, U.S. Code

[See Section 1402 (d)(1)].

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.

C. Availability of Funds

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)(3) of VOCA,

codified at 42 U.S.C. 10603(d)(3).]

Funds are available for expenditure

during the FFY of award and in the next

FFY (the grant period). The FFY begins

on October 1 and ends on September 30

of the following year. State grantees may

incur expenses retroactively to the

beginning of each year’s grant, October

1, even though the VOCA grant may not

be awarded until later in the grant

period. Under VOCA, funds that are not

obligated by the end of the grant period

must be returned to the General Fund of

the U.S. Treasury. Therefore, State

grantees are encouraged to monitor

closely the expenditure of VOCA funds

at the subrecipient level and to

reallocate unexpended funds prior to

the end of the grant period.

D. Allocation of Funds to States

From the Fund deposits available for

victim assistance grants, each State

grantee receives a base amount of

$200,000, except 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.

E. Allocation of Funds Within the States

The Governor of each State designates

the State agency that will administer the

VOCA victim assistance grant program.

That designated State agency establishes

policies and procedures, which must

meet the minimum requirements of

VOCA and the Program Guidelines. The

State grantee can choose to be more

restrictive.

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

change and demographics of crime

changes within the State. Many State
24890 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

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 State 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.

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 make

application 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.

In addition to the Application for

Federal Assistance, State grantees shall

specify their arrangements for

complying with the provisions of OMB

Circular A–128 (Audits of State or Local

Government) and shall submit

Certifications Regarding Lobbying;

Debarment, Suspension, and Other

Responsibility Matters; Drug-Free

Workplace Requirements; Civil Rights

Compliance; and/or any other

certifications required by OJP and OVC.

B. Administrative Cost Provision for

State Grantees

Beginning with the FFY 1995 grant,

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 [Section 1402(d)(3)], with the

remaining portion being used

exclusively for direct services to crime

victims or to train direct service

providers in accordance with these

Guidelines. This option is available to

the State grantee and does not apply to

VOCA subrecipients.

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, State grantees will be

required to certify that VOCA

administrative funds will not be used to

supplant State funds or to cover indirect

costs.

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 technical

assistance meetings, which address

issues and concerns to State

administrators;

c. Monitor subrecipients, Victim

Assistance in Indian Country

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; and

f. Purchase memberships in crime

victims organizations and purchase

victim-related materials such as

curricula, literature, and protocols.

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 OJP

Offices and Bureaus 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, 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.

State grantees are required to notify

OVC of the decision to use

administrative funds prior to charging

or incurring any costs against this

provision. 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.

Each State grantee that chooses to use

administrative funds is required to

submit a statement to OVC describing:

1. What amount of the total grant will

be used,

2. How the State grantee intends to

use the funds and the types of activities

that will be supported, and

3. How these activities will improve

the administration of the VOCA

program and/or improve services to

crime victims.

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 Statewide and/or regional State training(s) of

victim services staff. The maximum

amount permitted for this purpose is

$5,000 or 1% of the State’s grant, which

ever is greater. State grantees that

choose to sponsor State-wide or regional

training(s) are not precluded from

awarding VOCA funds to subrecipients

for other types of staff development.

State grantees must submit a training

proposal to OVC for each event to be
Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices 24891

sponsored under this option. OVC will

review each proposal to identify other

sources of assistance and support that

may be available such as trainers or the

resources from the OVC Resource

Center. 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.

Specific criteria for applying for

training funds will be given in each

year’s Application Kit. This criteria may

include addressing the goals, the needs

of the service providers, how funds will

be used, and how any program income

that is generated will be used.

The VOCA funds used for training by

the State grantee must be matched at

20%, cash or in-kind, and the source of

the match must be described.

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. Only eligible organizations will

receive VOCA funds and these funds

will be used only for direct services to

victims of crime, except those funds that

the State grantee uses for training victim

service providers and/or administrative

purposes. [Sections 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.

2. VOCA crime victim assistance grant

funds will 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) of VOCA, codified

at 10603(a)(2)(C). This supplantation

clause applies to State and local public

agencies only.

3. Priority shall be given to victims of

sexual assault, spousal 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 State 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. An additional 10% of each VOCA

grant will be allocated to victims of

violent crime (other than ‘‘priority’’

category victims) who were ‘‘previously

under served.’’ These under served

victims of either adult or juvenile

offenders may include, but are not

limited to, survivors of homicide

victims, or victims of assault, robbery,

intoxicated drivers, bank robbery, and

elder abuse. For the purpose of this

program, elder abuse is defined as the

abuse of vulnerable adults. Vulnerable

adults are those individuals who do not

have the mental and/or physical

capacity to manage their daily needs,

and who are subjected to either physical

or emotional abuse by a guardian or

caretaker.

To meet this under served

requirement, State grantees must

identify crime victims by type of crime.

Each State grantee has latitude for

determining the method for identifying

‘‘previously under served’’ 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 (1) services to these victims of

violent crime are 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 these victims of

violent crime have diminished.

State grantees may fund services to

victims with specific demographic

profiles and use those services to meet

the ‘‘previously under served’’

requirement. However, State grantees

must identify the type of violent crime

to which these victims are subjected.

5. Appropriate accounting, auditing,

and monitoring procedures will be used

at the State grantee and subrecipient

levels and that records are maintained

to ensure fiscal control, proper

management, and efficient disbursement

of the VOCA victim assistance funds, in

accordance with the Financial and

Administrative Guide for Grants

(M7100.1D), effective edition.

6. Compliance with all Federal laws

and regulations applicable to Federal

assistance programs and with the

provisions of Title 28 Code of Federal

Requirements (CFR) applicable to

grants.

7. Compliance by the State grantee

and subrecipients with the applicable

provisions of VOCA and the Interim

Final Program Guidelines.

8. Programmatic and financial reports

shall be submitted. (See Program

Requirements and Financial

Requirements for reporting

requirements and timelines.)

9. No person shall, on the grounds of

race, color, religion, national origin,

handicap, or sex, be excluded from

participation in, denied the benefits of,

subjected to discrimination under, or

denied employment in connection with,

any undertaking funded in whole or in

part with VOCA victim assistance grant

funds.

10. A copy of a finding will be

forwarded to the Office of Civil Rights

(OCR) for OJP in the event a Federal or

State court or administrative agency

makes a finding of discrimination on the

grounds of race, religion, national

origin, sex, or disability against a

recipient of VOCA victim assistance

funds.

11. Immediate notification will be

given to OVC in the event of a finding

of fraud, waste, and/or abuse of VOCA

funds. Additionally, OVC will be

apprised of the status of any on-going

investigations.

OVC encourages State grantees to

coordinate their VOCA assistance and

compensation activities. Coordination

may include activities such as 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 victim assistance

services within the State; and

developing joint guidance, where

applicable, on third-party payments to

VOCA assistance organizations.

OVC also encourages 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.

Such coordination may include

providing Coordinators with a list of

VOCA-funded organizations, cosponsoring training activities, and

inviting Coordinators to serve on review

panels that select the organizations to

receive VOCA funds.

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:

1. Be operated by a public or

nonprofit organization, or a combination
24892 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

of such organizations, and provide

direct services to crime victims.

2. Demonstrate a record of providing

effective direct 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

non-Federal sources.

3. Meet program match requirements.

Match is to be committed for each

VOCA-funded project and derived from

resources other than Federal funds and/

or resources, except as provided in

Chapter 2, paragraph 14, of the

Financial and Administrative Guide for

Grants (M7100.1D.)

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.

Because of this requirement, VOCA

subrecipients must maintain records

which clearly show the source, the

amount, and the period during which

the match was expended. Therefore,

organizations are encouraged not to

commit excessive amounts of match.

Match requirements are a minimum of

20%, cash or in-kind, of the total VOCA

project (VOCA grant plus match) except

as follows:

a. The match for VOCA subrecipients

that are Native American tribes/

organizations located on reservations,

whether new or existing, is 5%, cash or

in-kind, of the total VOCA project

(VOCA grant plus match.) A Native

American tribe/organization is

described 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 United States 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.

b. Subrecipients located in the U.S.

Virgin Islands, and all other territories

and possessions of the United States

except Puerto Rico are not required to

match the VOCA funds. See 48 U.S.

Code, 1469a(d).

4. 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.

5. 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 and/or

working groups; and developing written

agreements, which 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.

6. Assist crime victims in seeking

crime victim 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.

7. Comply with the applicable

provisions of VOCA, the Program

Guidelines, and the requirements of the

M7100.1D, 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

time and attendance records specifying

time devoted to VOCA allowable 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.

8. Maintain statutorily required civil

rights statistics on victims served by

race or 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 recipient 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.

9. 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 State

grantee.

10. Provide services to victims of

Federal crimes on the same basis as

victims of State crimes.

11. 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 and OVC.

12. Maintain confidentiality of clientcounselor information, as required by

State and Federal law.

C. Eligible Subrecipient Organizations

Nonprofit and public organizations

that provide direct services to crime

victims are eligible to receive VOCA

funds. These include, but are not

limited to, sexual assault and treatment

centers, domestic violence programs,

child abuse treatment facilities, centers

for missing children, prosecutor offices,

courts, correctional departments,

probation and paroling authorities,

hospitals, public housing authorities,

and other community-based

organizations including those who serve

survivors of homicide victims.

Although nonprofit and public

organizations may be eligible to receive

VOCA funding, there are limitations on

the use of VOCA victim assistance grant

funds by these organizations. For

example, VOCA funds should not be

used for an activity mandated by State

legislation. However, VOCA funds can

extend or enhance the legislatively

mandated activities. In situations where

a service is mandated by law but funds

have not been appropriated, State

grantees are cautioned to closely review

and justify to OVC the use of VOCA

funds to support such activities. With

approval from OVC, State grantees may

use VOCA funds to support an

unfunded legislative mandate for a

limited time, if the State grantee

believes that such support is essential to

meeting the needs of crime victims.

In addition to victim services

organizations, whose sole mission is to

serve crime victims, many other public

and nonprofit organizations that offer

services to crime victims may be eligible

to receive VOCA victim assistance

funds. These organizations include, but

are not limited to, the following:

1. Criminal justice agencies such as

law enforcement organizations,

prosecutor offices, courts, corrections

departments, probation and paroling

authorities. For example, a police

department cannot use VOCA victim

assistance funds to hire law

enforcement personnel for activities that

a sworn law enforcement officer would

be expected to provide in the normal

course of his/her duties, such as crime

scene intervention, questioning of

victims and witnesses, investigation of

the crime, and follow-up activities.

However, these organizations may use

VOCA funds for victims services that

exceed the boundaries of their mandate.

2. State and local public agencies

charged with, for example, providing

child and adult protective services or

mental health services.

3. Religiously-affiliated organizations.

Religious organizations that receive

VOCA funds must ensure that (1)
Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices 24893

services are offered to all crime victims

without regard to religious affiliation;

(2) the receipt of services is not

contingent upon participation in a

religious activity or event; and (3)

receipt of the funds does not create an

‘‘excessive entanglement’’ of church and

State.

4. Other public and nonprofit

organizations whose primary mission or

purpose is not providing direct services

to crime victims if there is a component

of the organization that provides

services to crime victims. Such

organizations include State grantees,

mental health centers, hospitals, legal

services agencies, and coalitions.

5. State crime victim compensation

agencies. Compensation programs may

receive VOCA assistance funds if direct

services such as individual, family, and

group counseling; court

accompaniment; and shelter are

provided. These services extend far

beyond information/referral and

providing information regarding

compensation and other sources of

public and private assistance. Because

State compensation programs do not

generally provide the type of direct

services envisioned by VOCA and the

Program Guidelines, State grantees are

encouraged to discuss with OVC, prior

to making a final funding decision, any

proposed award of VOCA victim

assistance funds to a compensation

program.

6. Hospitals and emergency medical

facilities. Such organizations must offer

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.

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, including U.S.

Attorneys 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 such

as 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

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:

1. Those services which immediately

respond to the 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; emergency

legal assistance such as filing restraining

orders; and other emergency services

that are intended to restore the victim’s

sense of dignity, and self esteem.

2. 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.

3. Services that are directed to the

needs of the victims who participate in

the criminal justice system. These

services may include advocacy on

behalf of crime victims; accompaniment

to criminal justice offices and court;

transportation to court; child care to

enable a victims to attend court;

notification of victims regarding trial

dates, case disposition information, and

parole consideration procedures; and

restitution advocacy and assistance with

victim impact statements.

4. Services which offer an immediate

measure of safety to crime victims such

as boarding-up broken windows and

replacing or repairing locks.

5. Forensic examinations for sexual

assault victims only to the extent that

other funding sources (such as State

compensation or private insurance or

public benefits) are unavailable or

insufficient. State grantees should

establish procedures to monitor the use

of VOCA victim assistance funds to pay

for forensic examinations in sexual

assault cases.

6. Costs that are necessary and

essential to providing direct services

such as 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 direct service providers.

7. Services which 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.

8. Costs that are directly related to

providing direct services through staff.

Such costs may consist of the following:

advertising costs associated with

recruiting VOCA-funded personnel;

training costs for paid and volunteer

staff; salaries and fringe benefits,

including malpractice insurance.

9. Opportunities where crime victims

have the option to meet with

perpetrators, if such meetings are

requested by the victim and have

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 benefit or

therapeutic value to the victim, (2) the

procedures for ensuring that

participation of the victim and offender

are voluntary and that everyone

understands the nature of the meeting,

(3) the provision of appropriate support

and accompaniment for the victim, (4)

appropriate ‘‘debriefing’’ opportunities

for the victim after the meeting or panel,

(5) the credentials of the facilitators, (6)

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.

The services, activities, and costs

listed below are not generally

considered direct crime victim services.

For example, staff training is often a

necessary and essential activity to

ensure that quality direct services are

provided; however, it is not a direct

service. 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
24894 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

funds will be used for these purposes.

The following list provides examples of

such items:

1. 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

direct service providers who are not

supported with VOCA funds within the

subrecipient’s organization.

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. Although a subrecipient

cannot use VOCA funds for training

individuals in other organizations, staff

from other organizations can attend inservice training activities that are held

for the subrecipient’s staff.

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.

VOCA funds cannot be used for

management and administrative training

for executive directors, board members,

and other individuals that do not

provide direct services.

2. Equipment and furniture. VOCA

funds may be used for 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.

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; who holds title; 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 Financial

and Administrative Guide for Grants,

M7100.1D).

3. Contracts for professional services.

VOCA funds should not generally be

used to support contract services.

However, at times, 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

emergency temporary retraining orders;

forensic examinations on a sexual

assault victim to the extent that other

funding sources are unavailable or

insufficient; and emergency

psychological or psychiatric services.

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.

VOCA funds cannot be used to pay for

legal representation such as for divorces

and child custody or visitation rights

litigation.

4. 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 VOCArequired 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.

5. 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.

6. 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.

State grantees are cautioned to

scrutinize each request for expending

VOCA funds for such purposes to

ensure the following: (1) That the

building 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,

and (5) the cost of the repair or

replacement is pro-rated among all

sources of income.

7. Presentations about crime victim

services. Activities and costs related to

describing the services available to

crime victims within the community,

such as presentations, can be supported

by VOCA funds.

The following services, activities, and

costs, although not exhaustive, cannot

be supported with VOCA victim

assistance grant funds:

1. Lobbying and administrative

advocacy. VOCA funds cannot support

victim legislation or administrative

reform, whether conducted directly or

indirectly.

2. 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.

3. Needs assessments, surveys,

evaluations, studies, and research efforts

conducted by individuals,

organizations, task forces, or special

commissions, which study and/or

research a particular crime victim issue.

4. Activities 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.

Additionally, victim protection costs

and victim/witness expenses such as

travel to testify in court and subsequent

lodging and meal expenses are

considered part of the criminal justice

agency’s responsibility and cannot be

supported with VOCA funds.

5. Fundraising activities.

6. Indirect organizational costs such

as liability insurance on buildings and

vehicles; capital improvements; security

guards and body guards; property losses

and expenses; real estate purchases;

mortgage payments; and construction

costs.

7. 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.
Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices 24895

8. Vehicles, purchased or leased. State

grantees may not use VOCA funds to

purchase or lease vehicles unless they

can demonstrate to OVC that such an

expenditure is essential to delivering

services to crime victims. OVC must

give prior approval for all such

purchases.

9. Nursing home care, home healthcare 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.

10. 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.

11. 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.

12. Development of protocols,

interagency agreements, and other

working agreements that benefit crime

victims. These activities 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.

13. Costs of sending individual crime

victims to conferences.

14. Development of training manuals

and/or extensive training materials.

15. Crime prevention activities.

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.

1. Subgrant Award Reports. 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. Subgrant Award

Report information is to be submitted to

OVC via the automated subgrant dial-in

system, whenever possible. When not

possible, State grantees must complete

and submit the Subgrant Award Report

form, OJP 7390/2A, for each VOCA

subrecipient.

If the Subgrant Award Report

information changes by the end of the

grant period, State grantees must inform

OVC of the changes, either by revising

the information via the automated

subgrant subdial system, by completing

and submitting to OVC a revised

Subgrant Award Report form, or by

making notations on the State-wide

database report and submitting it to

OVC. 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.

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.

2. Performance Report. Each State

grantee is required to submit specific

end-of-grant data on the OVC-provided

Performance Report, form No. OJP 7390/

4, no later than 90 days after each VOCA

victim assistance grant ends.

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.

A. Additional Program 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 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.]

This provision is 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 State 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
24896 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

agency seeking to determine whether

Federal and State funds are being

utilized in accordance with funding

agreements.

Financial Requirements

State grantees and subrecipients of

VOCA victim assistance funds shall

adhere to the financial and

administrative provisions set forth in

the OJP ‘‘Financial and Administrative

Guide for Grants’’, M7100.1D (effective

edition). The following describes the

audit requirements for State grantees

and subrecipients, the completion and

submission of Financial Status Reports,

and actions that result in termination of

advanced funding.

A. Audit Responsibilities for State

Grantees

Pursuant to OMB Circular A–128

(Audits of State or Local Governments),

State grantees that receive $100,000 or

more in Federal financial assistance in

any fiscal year must have a single audit

for that year. State grantees receiving at

least $25,000, but less than $100,000, in

a fiscal year have the option of

performing a single audit or an audit of

the Federal program, as required by the

applicable Federal laws and regulations.

State and local governments receiving

less than $25,000 in any fiscal year are

exempt from audit requirements.

B. Audit Responsibilities for

Subrecipients

Pursuant to OMB Circular A–128

(Audits of State or Local Governments),

local governments that receive $100,000

or more in Federal financial assistance

in any fiscal year shall have a single

audit for that year. Local governments

receiving at least $25,000, but less than

$100,000, in a fiscal year have the

option of performing a single audit or an

audit of the Federal program, as

required by the applicable Federal laws

and regulations. Local governments

receiving less than $25,000 in any fiscal

year are exempt from audit

requirements.

Institutions of higher education and

other nonprofit organizations that

receive $100,000 or more a year in

Federal financial assistance shall have

an audit made in accordance with OMB

Circular A–133. Organizations and

institutions that receive at least $25,000,

but less than $100,000, in a fiscal year

shall have an audit made in accordance

with OMB Circular A–133 or an audit of

the Federal program. Institutions and

organizations receiving less than

$25,000 in any fiscal year are exempt

from audit requirements.

C. Financial Status Report for State

Grantees

Financial Status Reports are required

from all State grantees. 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. Financial Status Reports shall

be submitted to the Office of the

Comptroller, by the State grantee,

within 45 days after the end of each

subsequent calendar quarter. Calendar

quarters end March 31, June 30,

September 30, and December 31. A

Final Financial Status Report is due 90

days after the end of the VOCA grant

period, no later than December 31.

D. Termination of Advance Funding to

State Grantees

If the State grantee receiving cash

advances by Letter of Credit or by direct

Treasury check demonstrates an

unwillingness or inability to establish

procedures that will minimize the time

elapsing between cash advances and

disbursement, OJP may terminate

advance funding and require the State

grantee to finance its operations with its

own working capital. Payments to the

State grantee will then be made by the

direct Treasury check method, which

reimburses the State grantee for actual

cash disbursements.

E. Administrative Cost Provision

Documentation

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

State grantee’s previous commitment to

administering VOCA.

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

give authorized representatives the right

to access and examine all records,

books, papers, case files, or documents

related to the grant, the use of

administrative funds, and all

subawards.

B. Office for Victims of Crime

Beginning with the FY 1991 grant

period, OVC implemented an on-site

monitoring plan in which each State

grantee is visited a minimum of once

every three years. While on site, OVC

personnel will expect to review various

documents and files such as (1)

financial and program manuals and

procedures governing the VOCA grant

program; (2) financial records, reports,

and audit reports for the State 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) financial records,

reports, and audit 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.

Suspension and Termination of

Funding

If, after notice and opportunity for a

hearing, OVC finds that a State grantee

has failed to comply substantially with

VOCA, the M7100.1D, the Final

Program Guidelines, or another

implementing regulation or

requirements, OVC may suspend or

terminate funding to the State grantee

and/or take other appropriate action. At

such time, State grantees 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

from bringing the alleged violation(s) to

the attention of OVC.

Aileen Adams,

Director, Office for Victims of Crime, Office

of Justice Programs.

[FR Doc. 95–11368 Filed 5–9–95; 8:45 am]

BILLING CODE 4410–18–P

DEPARTMENT OF LABOR

Office of the Secretary

Agency Recordkeeping/Reporting

Requirements Under Review by the

Office of Management and Budget

(OMB)

May 4, 1995.

The Department of Labor has

submitted the following public

information collection requests (ICRs) to

the Office of Management and Budget

(OMB) for review and clearance under

the Paperwork Reduction Act (44 U.S.C.