24886 Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices

Failure of the respondent to file a

timely response to each allegation in the

complaint and in this notice may be

deemed to constitute a waiver of the

right to appear and contest the

allegations of the complaint and this

notice, and to authorize the

administrative law judge and the

Commission, without further notice to

the respondent, to find the facts to be as

alleged in the complaint and this notice

and to enter both an initial

determination and a final determination

containing such findings, and may

result in the issuance of a limited

exclusion order or a cease and desist

order or both directed against such

respondent.

Issued: May 2, 1995.

By order of the Commission.

Donna R. Koehnke,

Secretary.

[FR Doc. 95–11491 Filed 5–9–95; 8:45 am]

BILLING CODE 7020–02–P

DEPARTMENT OF JUSTICE

Office of Justice Programs

Office of Juvenile Justice and

Delinquency Prevention

[OJP (OJJDP) No. 1040F]

RIN 1121–ZA05

Challenge Grants Program Guideline

AGENCY: Office of Justice Programs,

Office of Juvenile Justice and

Delinquency Prevention.

ACTION: Notice of final guideline for the

Office of Juvenile Justice and

Delinquency Prevention’s Challenge

Grants Program.

SUMMARY: The Office of Juvenile Justice

and Delinquency Prevention (OJJDP)

published a proposed guideline for the

Challenge Grants Program in the

Federal Register on February 2, 1995

(60 FR 6553), and solicited public

comments. Based on the analysis of

those public comments, OJJDP is issuing

this final guideline. This Program is of

interest to all State formula grantees

participating in the Juvenile Justice and

Delinquency Prevention Act of 1974, as

amended.

DATES: This final guideline is effective

on May 10, 1995.

ADDRESSES: Office of Juvenile Justice

and Delinquency Prevention, Room 742,

633 Indiana Avenue, N.W., Washington,

DC 20531.

FOR FURTHER INFORMATION CONTACT:

Rodney L. Albert, Social Science

Program Specialist, State Relations and

Assistance Division, Office of Juvenile

Justice and Delinquency Prevention, at

the above address. Telephone (202)

307–5924.

SUPPLEMENTARY INFORMATION: Section

201(b) of the JJDP Act provides that the

Administrator ‘‘is authorized to

prescribe regulations’’ in order to carry

out the provisions included in Title II of

the Act.

Changes to Proposed Guideline

The following changes are made to

the proposed guideline. New language is

italicized. In the section titled ‘‘Eligible

Applicants,’’ the following sentence is

added to the end of the paragraph:

Although the State Agency designated

by the Chief Executive of the State

pursuant to Section 223(a)(1) of the JJDP

Act must apply for Challenge activities,

they may award subgrants and contracts

to public and private agencies for the

development and implementation of

projects designed to carry out Challenge

activities.

In the section titled ‘‘Application

Components,’’ at the end of Component

#7, the following language is added: If

the applicant State agency plans to

subgrant or contract for services, a

complete budget may not be available.

In this instance only a budget narrative

of anticipated general expenses is

required.

In the section titled ‘‘Grant Period’’

the length of the grant award has been

extended from 18 to 24 months from

July 1, 1995.

Background

Section 285 of Title II, Part E, of the

Juvenile Justice and Delinquency

Prevention Act (JJDP) of 1974, as

amended (42 U.S.C. 5601, et seq.), states

that ‘‘The Administrator may make a

grant to a State that receives an

allocation under section 222, in the

amount of 10 percent of the amount of

the allocation, for each challenge

activity in which the State participates

for the purpose of funding the activity.’’

Part E—State Challenge Activities is a

new program authorized under the 1992

Amendments to the JJDP Act. In FY

1995, Part E received its first

appropriation. The purpose of Part E is

to provide incentives for States

participating in the Formula Grants

Program to develop, adopt, and improve

policies and programs in one or more of

ten specified Challenge Activities. As

used in this Guideline, ‘‘State’’ is

defined in Section 103(7) of the JJDP

Act. ‘‘Formula Grant’’ refers to a grant

to a State under Title II, Part B, of the

JJDP Act.

The ten Challenge Activities are

defined in Part E as follows:

(A) Developing and adopting policies

and programs to provide basic health,

mental health, and appropriate

education services, including special

education, for youth in the juvenile

justice system as specified in standards

developed by the National Advisory

Committee for Juvenile Justice and

Delinquency Prevention prior to

October 12, 1984.

(B) Developing and adopting policies

and programs to provide access to

counsel for all juveniles in the justice

system to ensure that juveniles consult

with counsel before waiving the right to

counsel.

(C) Increasing community-based

alternatives to incarceration by

establishing programs (such as

expanded use of probation, mediation,

restitution, community service,

treatment, home detention, intensive

supervision, and electronic monitoring)

and developing and adopting a set of

objective criteria for the appropriate

placement of juveniles in detention and

secure confinement.

(D) Developing and adopting policies

and programs to provide secure settings

for the placement of violent juvenile

offenders by closing down traditional

training schools and replacing them

with secure settings with capacities of

no more than 50 violent juvenile

offenders with ratios of staff to youth

great enough to ensure adequate

supervision and treatment.

(E) Developing and adopting policies

to prohibit gender bias in placement and

treatment and establishing programs to

ensure that female youth have access to

the full range of health and mental

health services, treatment for physical

or sexual assault and abuse, self defense

instruction, education in parenting,

education in general, and other training

and vocational services.

(F) Establishing and operating, either

directly or by contract or arrangement

with a public agency or other

appropriate private nonprofit

organization (other than an agency or

organization that is responsible for

licensing or certifying out-of-home care

services for youth), a State ombudsman

office for children, youth, and families

to investigate and resolve complaints

relating to action, inaction, or decisions

of providers of out-of-home care to

children and youth (including secure

detention and correctional facilities,

residential care facilities, public

agencies, and social service agencies)

that may adversely affect the health,

safety, welfare, or rights of resident

children and youth.

(G) Developing and adopting policies

and programs designed to remove,

where appropriate, status offenders from
Federal Register / Vol. 60, No. 90 / Wednesday, May 10, 1995 / Notices 24887

the jurisdiction of the juvenile court to

prevent the placement in secure

detention facilities or secure

correctional facilities of juveniles who

are nonoffenders or who are charged

with or who have committed offenses

that would not be criminal if committed

by an adult.

(H) Developing and adopting policies

and programs designed to serve as

alternatives to suspension and

expulsion from school.

(I) Increasing aftercare services for

juveniles involved in the justice system

by establishing programs and

developing and adopting policies to

provide comprehensive health, mental

health, education, and vocational

services and services that preserve and

strengthen the families of such

juveniles.

(J) Developing and adopting policies

to establish—

(i) a State administrative structure to

coordinate program and fiscal policies

for children who have emotional and

behavioral problems and their families

among the major child serving systems,

including schools, social services,

health services, mental health services,

and the juvenile justice system; and

(ii) a statewide case review system.

The term ‘‘case review system’’ means a

procedure for ensuring that—

(a) each youth has a case plan, based

on the use of objective criteria for

determining a youth’s danger to the

community or himself or herself, that is

designed to achieve appropriate

placement in the least restrictive and

most family-like setting available in

close proximity to the parents’ home,

consistent with the best interests and

special needs of the youth;

(b) the status of each youth is

reviewed periodically but not less

frequently than once every 3 months, by

a court or by administrative review, in

order to determine the continuing

necessity for and appropriateness of the

placement;

(c) with respect to each youth,

procedural safeguards will be applied to

ensure that a dispositional hearing is

held to consider the future status of

each youth under State supervision, in

a juvenile or family court or another

court (including a tribal court) of

competent jurisdiction, or by an

administrative body appointed or

approved by the court, not later than 12

months after the original placement of

the youth and periodically thereafter

during the continuation of out-of-home

placement; and

(d) a youth’s health, mental health,

and education record is reviewed and

updated periodically.

Eligible Applicants: The eligible

applicants for Part E Challenge Grants in

a given fiscal year are the State

Agencies, designated by the Chief

Executive of the State pursuant to

Section 223(a)(1) of the JJDP Act, which

receive an OJJDP Formula Grant award

under Section 223 of the JJDP Act for

the same fiscal year. In the section titled

‘‘Eligible Applicants,’’ the following

sentence is added to the end of the

paragraph: Although the State Agency

designated by the Chief Executive of the

State pursuant to Section 223(a)(1) of

the JJDP Act must apply for Challenge

activities, they may award subgrants

and contracts to public and private

agencies for the development and

implementation of projects designed to

carry out Challenge activities.

Funding Levels: The amounts of Part

E funds available for the States are

determined by the ratio of Part E funds

to Formula Grant funds available to the

States in a given fiscal year. The same

ratio is applied to each State’s Formula

Grant allocation to determine each

eligible State’s Part E allocation.

Eligible State agencies will be notified

of Part E State allocations annually.

Part E funds not awarded to a State by

the end of the fiscal year due to the

absence of a qualifying application will

either be: (1) Made available to States in

the subsequent fiscal year along with

the Part E funds appropriated for that

year, or (2) in the case of a State not

participating in the Formula Grants

Program, the State’s Part E funds will be

reserved for one year if the State (a)

submits a written statement of intent to

resume participation and (b) describes

activities to be undertaken that will be

undertaken to enable the State to

participate in the following fiscal year.

State Applications and Awards: Each

State may apply for a Part E grant in an

amount equal to the sum of not more

than 10% of such State’s Formula Grant

allocation received, for each challenge

activity in which the State chooses to

participate, not to exceed the total

amount of the State’s Part E allocation.

For example, a State may have a

Formula Grant of $600,000 and have a

Part E allocation of $100,000. The State

could apply for up to $60,000 (10% of

the Formula Grant) for each Challenge

Activity. However, since a total of

$100,000 Part E funds would be

available to the State, the State could

apply for $60,000 for a first Challenge

Activity, and $40,000 for a second

Activity. Alternatively, the State could

apply for more Challenge Activities by

applying for any amounts of not more

than $60,000 for each Activity that total

not more than $100,000.

The award of Part E funds is

contingent upon OJJDP’s approval of an

application meeting the requirements

listed below.

Application Components:

Applications for Part E Challenge

Activity Grants must contain the

following items for each proposed

Challenge Activity.

1. Challenge Activity. Identification of

the Challenge Grant Activity to be

implemented.

2. Statement of Need. A concise

explanation of the need for Federal

funding to implement the Challenge

Activity.

3. Project Summary. A brief summary

or abstract describing the activities,

goods and services to be funded with

Part E funds, as well as collateral

activities to be funded from other

sources.

4. Goals, Objectives and Outcomes. A

listing of the goals and objectives for the

project, and anticipated outcomes and

products.

5. Strategy. A concise description of

the steps to be taken in implementing

the Challenge Activity, including a

timeline for implementation. This

description must link the proposed

strategy with the Challenge Activity as

cited in the JJDP Act.

6. State Advisory Group Involvement

and Approval. A description of the State

Advisory Group’s (SAG) involvement in

the Challenge Activity, and evidence of

approval of the application by the SAG.

7. Budget. A budget and budget

narrative explaining and justifying the

costs of proposed Challenge Grant

activities. If the applicant State agency

plans to subgrant or contract for

services, a complete budget may not be

available. In this instance only a budget

narrative of anticipated general

expenses is required.

Grant Period: Part E grants will be

awarded for a twenty-four month project

period, from July 1, 1995.

Use of Funds: 1. The recipient State

Agency shall use Part E funds to

implement the proposed Challenge

Activities. The State Agency may award

grants or enter into contracts with

public or private agencies to implement

Challenge Activities.

2. Part E funds may be used only in

accordance with the General and

Administrative provisions of Part I of

the JJDP Act and the effective edition of

the Office of Justice Programs Guideline

M.7100.

Application Due Date: Applications

for FY 1995 Challenge Grants may be

submitted after publication of the final

guideline and must be received by June

30, 1995. For subsequent fiscal years,

applications must be received by March
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