19474 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 90

[OJP No. 1015F]

RIN 1121–AA27

STOP Violence Against Women

Formula and Discretionary Grants

Program (Grants to Combat Violent

Crimes Against Women)

AGENCY: U.S. Department of Justice,

Office of Justice Programs.

ACTION: Final rule.

SUMMARY: The Violence Against Women

Program Office, Office of Justice

Programs (OJP), U.S. Department of

Justice is publishing final regulations

governing the implementation of the

STOP (Services • Training •

Officers • Prosecutors) Violence

Against Women Formula and

Discretionary Grants Program, hereafter

referred to as the Program, authorized

by Title IV of the Violent Crime Control

and Law Enforcement Act of 1994.

DATES: The final rule is effective April

18, 1995.

ADDRESSES: The Office of Justice

Programs, Violence Against Women

Program Office, 633 Indiana Avenue

NW., 4th Floor, Washington, DC 20531

is responsible for implementing this

final rule.

FOR FURTHER INFORMATION CONTACT: The

Department of Justice Response Center

at 1–800–421–6770 or (202) 307–1480,

or Kathy Schwartz, Administrator,

Violence Against Women Program

Office, Office of Justice Programs (202)

307–6026.

SUPPLEMENTARY INFORMATION: The

Violence Against Women Act (VAWA),

as enacted by the 103rd Congress, is set

out in Title IV of the Violent Crime

Control and Law Enforcement Act of

1994, Pub. L. No. 103–322, 108 Stat.

1796 (Sept. 13, 1994). The VAWA, in

part, amends the Omnibus Crime

Control and Safe Streets Act of 1968, as

amended (the Omnibus Act), 42 U.S.C.

3711 et seq., by adding a new ‘Part T’.

Part T comprises Sections 2001 through

2006, to be codified at 42 U.S.C. 3796gg

through 3796gg–5. Unless otherwise

specified, statutory references to those

provisions will be to the Sections in Part

T of the Omnibus Act, as amended by

the VAWA.

This new Program authorizes FY 1995

Federal financial assistance to States for

developing and strengthening effective

law enforcement and prosecution

strategies and victim services in cases

involving violent crimes against women.

Offices and agencies of State

government, units of local government,

Indian tribal governments, and

nonprofit, nongovernmental victim

services programs are eligible to apply

to States for subgrants under Subpart B

of these regulations. Indian tribal

governments are also eligible to apply

directly to the Office of Justice Programs

for discretionary grants under Subpart C

of these regulations.

On December 28, 1994, the Office of

Justice Programs published a proposed

rule on the implementation of the

Violence Against Women Formula and

Discretionary Grants Program (‘‘Grants

to Combat Violent Crime Against

Women Program’’) in the Federal

Register (Volume 59, No. 258, page

66830). Comments were specifically

solicited regarding, but not limited to,

the following issues:

(1) The scope of the impact on States,

units of local government, and Indian

tribal governments of the mandate that

exempts sexual assault victims from

paying out-of-pocket costs with regard

to forensic medical exams (Section

90.14 of Subpart B of this regulation).

(2) Whether the scope of the services

identified in Section 90.2(b) of Subpart

A (the definition of forensic

examination) of this proposed

regulation adequately covers the needs

of victims and prosecutors.

(3) The special needs of Indian tribal

governments in implementing the

discretionary grants program authorized

by the Violence Against Women Act.

(4) The scope of the impact on States,

units of local government, and Indian

tribal governments of the mandate

prohibiting the imposition of criminal

court-related costs on domestic violence

victims, and proposed timetables for

States, local governments, and Indian

tribal governments in meeting this

mandate (Section 90.15 of Subpart B of

this regulation).

(5) Approaches to addressing

allocation and distribution requirements

applicable to States, as set out in

Section 90.16 of Subpart B, in making

subgrants to units of local government.

The Office of Justice Programs

received 69 letters commenting on the

proposed regulations: 24 from State and

local government agencies (including

district attorneys, criminal justice

planning agencies, and health and

human service departments); 16 from

Statewide domestic violence coalitions;

14 from local victim services programs;

10 from national organizations and

public interest groups; 2 from Members

of the United States Congress; 2 from

concerned citizens; and 1 from an

Indian tribal government. The Office of

Justice Programs gratefully

acknowledges the agencies,

organizations, and individuals who took

the time to express their views.

Comments are on file at OJP’s Violence

Against Women Program Office.

In preparing the Final rule, OJP is

interpreting the scope of the Program as

broadly as possible while adhering

closely to the letter and spirit of the

legislation. Language contained in the

final regulations has been modified to

reflect the following changes:

• The introductory paragraph, The

Violence Against Women Act of 1994,

has been modified to emphasize the

reduction of violence as the intent of the

Act.

• Subparts B and C have been

modified to incorporate the name of the

VAWA grant program, STOP Violence

Against Women.

• § 90.1(b) has been modified to

clarify that offices and agencies of State

government are eligible to apply for

subgrants from this Program, as well as

units of local government, Indian tribal

governments, and nonprofit,

nongovernmental victim services

programs.

• § 90.2(a) has been modified to

clarify that the definition of domestic

violence includes any crime of violence

considered to be an act of domestic

violence according to State law.

• § 90.2(b) has been modified to

clarify the minimum procedures

included in a forensic medical

examination and to delete the words

‘‘lack of consent.’’

• § 90.2(e) has been expanded to

clarify that State offices or agencies that

provide prosecution support services

may receive grant funds and to set out

some examples of functions and

services that can be supported.

• § 90.2(i) has been expanded to

clarify the range of programs eligible to

receive grant funds designated as

‘‘victim services.’’

• § 90.11(b) has been modified to

clarify that grantees and subgrantees

shall develop the State implementation

plan. In addition, the phrase ‘‘courts,

probation and parole agencies’’ has been

added to clarify that the goal of the

planning process is the enhanced

coordination and integration of these,

and other, components of the criminal

justice system.

• § 90.14 and § 90.53 have been

modified to incorporate ‘‘* * * full

out-of-pocket costs * * *’’ wherever

references are made to the forensic

medical examination costs that States

must incur.

• § 90.14(a) and (c) have been

expanded to define out-of-pocket costs

and to clarify a State’s discretion in

covering additional costs.
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19475

• § 90.16(a)(2) has been modified to

clarify how funds remaining after award

of the base amount will be allocated,

and to specify that Indian tribal

populations will not be included in a

State’s population.

• § 90.16(a)(3) has been modified to

add the word ‘‘offices’’ in reference to

eligible subgrantees.

• § 90.16(b)(1) has been modified to

clarify that States should consider

Indian reservations in assessing need.

• § 90.16(b)(4) has been modified to

encourage States to consider Indian

populations in disbursing monies to

previously underserved populations.

• § 90.17 has been modified to clarify

the matching requirements and the

permissibility of in-kind match.

• § 90.18 has been modified to clarify

the non-supplantation requirement.

• § 90.20(b) now addresses

Application Requirements.

• § 90.20(b)(3) and (4) have been

modified to replace the words ‘‘include

proof of’’ with the word ‘‘certify.’’

• § 90.23, previously entitled

‘‘Grantee Reporting,’’ now describes the

type of information that should be

included in the State Implementation

Plan.

• § 90.24 now addresses grantee

reporting requirements.

• § 90.51(b) and § 90.57 have been

modified to encourage Indian tribal

applicants to develop their

implementation plans through

consultation with women in the

communities to be served as well as

tribal law enforcement, prosecutors,

courts, and victim services agencies, to

the extent they exist.

• § 90.54 has been modified to delete

reference to a specific number of

discretionary grants that will be

awarded.

• § 90.57(b)(2) has been modified to

encourage tribal applicants to integrate

into their plans tribal methods of

addressing violent crimes against

women.

Several suggested modifications were

not incorporated into the regulations.

• No conditions have been imposed

that would limit the State’s payment of

the full out-of-pocket costs of forensic

medical examinations for victims of

sexual assault, and the time frame for

compliance with this requirement has

not been extended. This is a

legislatively-established requirement

that States must meet to be eligible to

apply for these funds.

• A uniform definition of ‘‘advocacy’’

has not been incorporated into the Final

Rule. ‘‘Advocacy’’ has different

meanings in different contexts, all of

which may be appropriate for the

various groups involved in and

benefiting from this grant program.

• The States are not required to

include the number of violent crimes

against women reported to law

enforcement and the number of those

offenses prosecuted each year as a factor

in determining the allocation of funds.

They may establish their own criteria

for allocating these funds, within the

intent and parameters of the Violence

Against Women Act.

• In developing their plans to

implement this Program, the States are

not required to clearly articulate the

cessation of violence against women as

the State’s overriding purpose. States

may establish their own goals and

objectives for this Program, within the

parameters of the Act.

• A provision allowing Statewide

victim services organizations to seek a

review by the Office of Justice Programs

of any State applications that does not

adequately involve victim services

programs in the development of the

State plan has not been incorporated

into the Final Rule. The Act does not

specify the level of involvement victim

services programs must play in the

development of the State plan beyond

requiring the States to consult and

coordinate with them.

• Development of sexual assault and

domestic violence prevention curricula

for schools has not been included as a

purpose for which these grant funds

may be used. Sections 40151 and 40251

of the Violence Against Women Act

authorize funds for the Department of

Health and Human Services to develop

such educational programs, beginning

in Fiscal Year 1996.

Statement of the Problem

There are three aspects to violence

against women in the United States

which reflect the compelling nature of

the problem. First, there are a

tremendous number of incidents of

violent crimes against women, many of

which are often hidden and underreported. The following statistics taken

from the Bureau of Justice Statistics’

1994 data from the National Crime

Victimization Survey, and a recent

Bureau of Justice Statistics report,

Violence Against Women (January

1994), paint a grim picture of violence

against women in America:

• Over two-thirds of violent crimes

committed against women were

committed by someone known to them.

• Over 1 million women a year are

victims of violence perpetrated by

husbands or boyfriends.

• Every year, nearly 500,000 women

and girls age 12 or older are victims of

rape or attempted rape.

• Data from 1992 show that one-third

of all female murder victims over age 14

were killed by an intimate, such as a

boyfriend, spouse, or ex-spouse.

• Over half of the family violence

crime victimizations result in injuries to

the victim; female victims are more

likely to sustain injuries at the hands of

intimates than strangers.

• Less than half of all violent crime

against women is ever reported to law

enforcement officials.

• Over one-fifth of those convicted of

intimate violent offenses reported

having been physically or sexually

abused during childhood.

• Over one-third of those incarcerated

for harming an intimate had a previous

conviction for a violent offense.

The second aspect of the problem is

that only recently has society has begun

to view violence against women as a

serious criminal problem. In domestic

violence cases, where the victim knows

the perpetrator, there has been a

tendency to consider the matter a

private dispute and not a crime for

public scrutiny or judgment. Even when

the violence comes at the hands of a

stranger, as in many cases of sexual

assault, the incident has too often been

blamed more on the victim than on the

perpetrator.

The third aspect of the problem lies

in the traditional response by the justice

system to incidents of violence against

women. Existing criminal justice and

victim services efforts to alleviate the

problem have been fragmented due to

lack of resources and/or coordination.

Consequently, the criminal justice

system has too often not been

responsive to women in domestic

violence and sexual assault cases.

The Violence Against Women Act of

1994

The Violence Against Women Act

reflects a firm commitment towards

working to change the criminal justice

system’s response to violence that

occurs when any woman is threatened

or assaulted by someone with whom she

has or has had an intimate relationship,

with whom she was previously

acquainted, or who is a stranger. By

committing significant Federal

resources and attention to restructuring

and strengthening the criminal justice

response to women who have been, or

potentially could be, victimized by

violence, we can more effectively ensure

the safety of all women.

Law Enforcement and Prosecution

Grants To Reduce Violent Crimes

Against Women

For FY 1995, Congress appropriated

$26 million to the Department of Justice
19476 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

as a down payment towards assistance

to combat violent crimes against

women. Part T authorizes an

appropriation of $130 million for FY

1996 and increasing amounts in

succeeding years.

Thus, the $26 million appropriation

for FY 1995 is the initial step of a multiyear Program designed to encourage

States to implement innovative and

effective criminal justice approaches to

this problem. The Violence Against

Women Act enumerates the following

seven broad purposes for which funds

may be used:

(1) Training for law enforcement

officers and prosecutors to identify and

respond more effectively to violent

crimes against women, including crimes

of sexual assault and domestic violence;

(2) Developing, training, or expanding

units of law enforcement officers and

prosecutors that specifically target

violent crimes against women;

(3) Developing and implementing

more effective police and prosecution

policies and services for preventing and

responding to violent crimes against

women;

(4) Developing and improving data

collection and communications systems

linking police, prosecutors, and courts

or for purposes of identifying and

tracking arrests, protection orders,

violations of protection orders,

prosecutions, and convictions;

(5) Developing, expanding, or

improving victim services programs,

including improved delivery of such

services for racial, cultural, linguistic,

and ethnic minorities, and the disabled,

and providing specialized domestic

violence court advocates;

(6) Developing and enhancing

programs addressing stalking; and

(7) Developing and enhancing

programs addressing the special needs

and circumstances of Indian tribes in

dealing with violent crimes against

women.

Additionally, by statute, 4% of the

amount appropriated each year is

available for Indian tribal governments

through a discretionary program. For FY

1995, the discretionary program will

fund a limited number of programs.

Tribes, which may apply individually or

as a consortium in order to maximize

resources, are encouraged to develop

programs which address their unique

needs.

A Coordinated and Integrated

Approach to the Problem

By definition, a coordinated and

integrated approach suggests a

partnership among law enforcement,

prosecution, the courts, victim

advocates and service providers. The

goal of this Program is to encourage

States and localities to restructure and

strengthen the criminal justice response

to be proactive in dealing with this

problem; to draw on the experience of

all the players in the system, including

the advocate community; and to

develop a comprehensive set of

strategies to deal with this complex

problem. The development of such

strategies necessitates collaboration

among police, prosecutors, the courts,

and victim services providers. Thus, the

Program requires that jurisdictions draw

into the planning process the experience

of nongovernmental victim services and

State domestic violence and sexual

assault coalitions, as well as existing

domestic violence and sexual assault

task forces and coordinating councils, in

addition to police, prosecutors and the

courts. Examples of innovative

approaches include those:

• Instituting comprehensive training

programs to change attitudes that have

traditionally prevented the criminal

justice system from adequately

responding to the problem.

• Forming specialized units within

police departments and prosecutors’

offices, or specialized multi-disciplinary

units, devoted exclusively to the

handling of domestic violence and

sexual assault cases.

• Establishing sexual trauma units in

emergency rooms where forensic

examinations, victim counseling, and

victim advocacy are equally available.

• Developing strategies that maximize

resources by establishing regional

approaches, such as the registration and

enforcement of protective orders across

jurisdictional lines.

• Establishing protocols to achieve

better coordination in the handling of

cases involving violence against women

between civil and criminal courts.

• Establishing and expanding victim

services that address the special needs

of women from minority and ethnic

communities, women who are disabled,

or women who do not speak English.

Eligibility Requirements Applicable to

the States

To be eligible to receive grants under

this Program, States must develop plans

which comply with the requirements set

out in the Act. Although grant amounts

are limited for FY 1995, States should

plan their VAWA activities with a view

to implementing a continuing Program

over the next several years.

First, States will have to demonstrate

how they plan to distribute their grant

funds each year. At least 25% must be

allocated to law enforcement, 25% to

prosecution, and 25% to victim services

programs. Section 2002(c)(3).

Second, priority must be given to

areas of varying geographic size and

areas with the greatest showing of need

within the State. Need is based on

population and the availability of

existing domestic violence and sexual

assault programs in the population and

geographic area to be served. Section

2002(e)(2)(C). States must insure

equitable geographic distribution among

urban, non-urban, and rural areas. They

must also address the needs of

populations previously underserved due

to geographic location, racial or ethnic

barriers, or special needs such as

language barriers or physical

disabilities. Section 2002(e)(2)(D). States

are encouraged to develop preliminary

multi-year plans for the disbursement of

funds based on geography, need, and

underserved populations to achieve a

balanced distribution, consistent with

the statute, over the life of the Program

extending through FY 2000.

Third, in their applications, States

and Indian tribal governments must

certify that they (or another level of

government) will incur the full out-ofpocket costs for forensic medical

examinations involving sexual assault

victims. Section 2005(a)(1). ‘‘Full out-ofpocket costs’’ means any expense that

may be charged to a victim in

connection with a forensic medical

examination. Additionally, each State

and Indian tribal government must also

provide certification that their laws,

policies, and practices do not require, in

connection with the prosecution of any

misdemeanor or felony domestic

violence offense, that the victim bear the

costs associated with the filing of

criminal charges against the domestic

violence offender, or the costs

associated with the issuance or service

of a warrant, protection order, and

witness subpoena. Section 2006(a)(1). If

the latter condition is not satisfied,

States and Indian tribal governments

must provide assurances that they will

be in compliance by September 13,

1996, or at the end of the next legislative

session, whichever is later.

Finally, an important goal of the

legislation is to create vehicles for the

various participants in the system to

begin a dialogue. To help foster this

communication, States are required to

consult and coordinate with nonprofit,

nongovernmental victim services

programs, including sexual assault and

domestic violence victim services

programs.

Indian Tribal Governments

Discretionary Program

The VAWA requires that 4% of the

total funds be set aside for Indian tribal

governments. These funds may be used
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19477

for the same general purposes set out for

the State recipients in the block grant

program.

Tribes will be invited to make

individual applications, or apply as a

consortium or as an inter-tribal group.

The VAWA defines Indian tribes to

include both those with and without

law enforcement authority. Section

2003(3). Consequently, the requirement

applicable to State block grants, that at

least 25% of the total grant award be

allocated respectively to law

enforcement, prosecution, and victim

assistance, would not be applicable to

Indian tribal governments that do not

have law enforcement or prosecution.

Nonetheless, program plans should be

developed through consultation with

women in the community to be served,

and with tribal law enforcement,

prosecutors, courts, and victim services

to the extent they exist. Applicants are

also encouraged to integrate into their

plans tribal methods of dealing with

violent crimes against women.

Additionally, tribes may want to

develop a domestic violence code, if one

is not already in place, to facilitate the

implementation of strategies which have

reduced violence against women in

other court systems.

Funding limits the number of

discretionary grants in FY 1995. To be

eligible for funding under the

discretionary program, Indian tribal

governments must comply with the

forensic medical examination costs and

the filing and service fee requirements

applicable to the State formula grant

program.

Technical Assistance and Training/

Evaluation

The Office of Justice Programs intends

to assist States and Indian tribal

governments in meeting the Program

goal of developing effective coordinated

and integrated strategies. A small

portion of the funds provided under this

Program has been set aside to provide

specialized training and technical

assistance to States and units of local

government and Indian tribal

governments to help restructure the

system’s response to violence against

women.

Further, consistent with the statute,

the Office of Justice Programs, in

conjunction with the National Institute

of Justice, will evaluate the effectiveness

of the programs established with these

funds. Recipients of grants must agree to

cooperate with Federally-sponsored

evaluations of their projects. In

addition, the Attorney General is

required by the VAWA to report to

Congress on a profile of the persons

served, the programs funded, and their

effectiveness. Program recipients must

therefore specifically provide a

statistical summary of persons served,

detailing the nature of victimization,

and providing data on age, relationship

of victim to offender, geographic

distribution, race, ethnicity, language,

and disability. Additionally, program

recipients are expected to cooperate

with any investigations or audits

performed by components of the

Department of Justice, including the

Civil Rights Division or the Office of the

Inspector General.

Administrative Requirements

The Final Rule implements a formula

grant program that does not impose any

restrictive regulations on the States. The

States will benefit from immediate

access to the funds available through

this program, and it would be contrary

to the public interest to delay

implementation of the program.

Therefore, the Final Rule is effective

immediately.

The Office of Justice Programs has

determined that this rule is a

‘‘significant regulatory action’’ for

purposes of Executive Order 12866 and,

accordingly, this rule has been reviewed

by the Office of Management and

Budget.

In addition, this rule will not have a

significant impact on a substantial

number of small entities; therefore, an

analysis of the impact of these rules on

such entities is not required by the

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

et seq.

No information requirements are

contained in this rule. Any information

collection requirements contained in

future application notices for this

Program will be reviewed by the Office

of Management and Budget, as is

required by provisions of the Paperwork

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

List of Subjects in 28 CFR Part 90

Grant programs, Judicial

administration.

For the reasons set out in the

preamble, Title 28, Chapter I of the Code

of Federal Regulations is amended by

adding the new Part 90 as set forth

below.

PART 90—VIOLENCE AGAINST

WOMEN

Subpart A—General Provisions

Sec.

90.1 General.

90.2 Definitions.

Subpart B—The STOP (Services • Training

• Officers • Prosecutors) Violence Against

Women Formula Grant Program

90.10 Description of STOP (Services •

Training • Officers • Prosecutors)

Violence Against Women Formula Grant

Program.

90.11 Program criteria.

90.12 Eligible purposes.

90.13 Eligibility.

90.14 Forensic medical examination

payment requirement.

90.15 Filing costs for criminal charges.

90.16 Availability and allocation of funds.

90.17 Matching requirements.

90.18 Non-supplantation.

90.19 State office.

90.20 Application content.

90.21 Evaluation.

90.22 Review of state applications.

90.23 State implementation plan.

90.24 Grantee reporting.

Subpart C—Indian Tribal Governments

Discretionary Grants Program

90.50 Indian tribal governments

discretionary program.

90.51 Program criteria for indian tribal

government discretionary grants.

90.52 Eligible purposes.

90.53 Eligibility of Indian tribal

governments.

90.54 Allocation of funds.

90.55 Matching requirements.

90.56 Non-supplantation.

90.57 Application content.

90.58 Evaluation.

90.59 Grantee reporting.

Authority: 42 U.S.C. 3711 et seq.

Subpart A—General Provisions

§ 90.1 General.

(a) This Part implements certain

provisions of the Violence Against

Women Act (VAWA), which was

enacted by Title IV of the Violent Crime

Control and Law Enforcement Act of

1994, Pub. L. No. 103–322 (Sept. 13,

1994).

(b) Subpart B of this part defines

program eligibility criteria and sets forth

requirements for application for and

administration of formula grants to

States to combat violent crimes against

women. This Program under the VAWA

was enacted as a new ‘Part T’ of Title

I of the Omnibus Crime Control and

Safe Streets Act of 1968 (the Omnibus

Act), codified at 42 U.S.C. 3796gg

through 3796gg–5. Offices and agencies

of State government, units of local

government, Indian tribal governments,

and nonprofit, nongovernmental victim

services programs are eligible to apply

for subgrants from this Program.

(c) Indian tribal governments are

eligible to receive assistance as part of

the State program pursuant to Subpart B

of this part. In addition, Indian tribal

governments may apply directly for

discretionary grants under Subpart C of

this part.
19478 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

§ 90.2 Definitions.

(a) Domestic violence. (1) As used in

this Part, ‘‘domestic violence’’ includes

felony or misdemeanor crimes of

violence (including threats or attempts)

committed:

(i) By a current or former spouse of

the victim;

(ii) By a person with whom the victim

shares a child in common;

(iii) By a person who is co-habitating

with or has co-habitated with the victim

as a spouse;

(iv) By a person similarly situated to

a spouse of the victim under domestic

or family violence laws of the

jurisdiction receiving grant monies; or

(v) By any other adult person against

a victim who is protected from that

person’s acts under the domestic or

family violence laws of the jurisdiction

receiving grant monies. Section 2003(1).

(2) For the purposes of this Program,

‘‘domestic violence’’ also includes any

crime of violence considered to be an

act of domestic violence according to

State law.

(b) Forensic medical examination.

The term ‘‘forensic medical

examination’’ means an examination

provided to a sexual assault victim by

medical personnel trained to gather

evidence of a sexual assault in a manner

suitable for use in a court of law.

(1) The examination should include at

a minimum:

(i) examination of physical trauma;

(ii) determination of penetration or

force;

(iii) patient interview; and

(iv) collection and evaluation of

evidence.

(2) The inclusion of additional

procedures (e.g., testing for sexually

transmitted diseases) to obtain evidence

may be determined by the State, Indian

tribal government, or unit of local

government in accordance with its

current laws, policies, and practices.

(c) Indian tribe. The term ‘‘Indian

Tribe’’ means a tribe, band, pueblo,

nation, or other organized group or

community of Indians, including any

Alaska Native village or regional or

village corporation [as defined in, or

established pursuant to, the Alaska

Native Claims Settlement Act (43 U.S.C.

1601 et seq.)], that is recognized as

eligible for the special programs and

services provided by the United States

to Indians because of their status as

Indians. Section 2003(3).

(d) Law enforcement. The term ‘‘law

enforcement’’ means a public agency

charged with policing functions,

including any of its component bureaus

(such as governmental victim services

programs). Section 2003(4).

(e) Prosecution. For the purposes of

this Program, the term ‘‘prosecution’’

means any public office or agency

charged with direct responsibility for

prosecuting criminal offenders,

including such office’s or agency’s

component departments or bureaus

(such as governmental victims services

programs). Prosecution support services,

such as overseeing or participating in

Statewide or multi-jurisdictional

domestic violence task forces,

conducting training for State and local

prosecutors or enforcing victim

compensation and domestic violencerelated restraining orders shall be

considered ‘‘direct responsibility’’ for

purposes of this program. Section

2003(5).

(f) Sexual assault. The term ‘‘sexual

assault’’ means any conduct proscribed

by Chapter 109A of Title 18, United

States Code, and includes both assaults

committed by offenders who are

strangers to the victim and assaults

committed by offenders who are known

or related by blood or marriage to the

victim. Section 2003(6).

(g) State. The term ‘‘State’’ means any

State of the United States, the District of

Columbia, the Commonwealth of Puerto

Rico, the Virgin Islands, American

Samoa, Guam, and the Northern

Mariana Islands.

(h) Unit of local government. For the

purposes of Subpart B of this part, the

term ‘‘unit of local government’’ means

any city, county, township, town,

borough, parish, village, or other general

purpose political subdivision of a State,

or Indian tribe which performs law

enforcement functions as determined by

the Secretary of Interior, or for the

purpose of assistance eligibility, any

agency of the District of Columbia

government or the United States

Government performing law

enforcement functions in and for the

District of Columbia and the Trust

Territory of the Pacific Islands.

(i) Victim services. The term ‘‘victim

services’’ means a nonprofit,

nongovernmental organization, that

assist victims of domestic violence and/

or sexual assault victims. Included in

this definition are rape crisis centers,

battered women’s shelters, and other

sexual assault or domestic violence

programs, such as nonprofit,

nongovernmental organizations

assisting domestic violence or sexual

assault victims through the legal

process. (Section 2003(8).)

(1) For the purposes of this Program,

funding may include support for lawyer

and nonlawyer advocates, including

specialized domestic violence court

advocates. Legal or defense services for

perpetrators of violence against women

may not be supported with grant funds.

(2) The definition also encompasses

Indian victim assistance programs and

Statewide domestic violence and sexual

assault coalitions to the extent they

provide direct services to domestic

violence and sexual assault victims.

(3) Governmental victim services

programs attached to a law enforcement

agency or a prosecutor’s office may

apply for the portions of the State grant

designated for law enforcement and

prosecution. Governmental victim

services programs contracting with

nonprofit organizations (e.g., a county

nonprofit shelter) are eligible to apply

for the portion of the State grant

designated for nonprofit,

nongovernmental victim services.

Governmental victim services programs

that are not connected to a law

enforcement agency or a prosecutor’s

office and are not considered nonprofit

organizations may apply for funding

through the remaining portion of the

State grant that is not designated for a

specific program area.

Subpart B—The STOP (Services •

Training • Officers • Prosecutors)

Violence Against Women Formula

Grant Program

§ 90.10 Description of STOP (Services •

Training • Officers • Prosecutors) Violence

Against Women Formula Grant Program.

It is the purpose of this Program to

assist States, Indian tribal governments,

and units of local government to

develop and strengthen effective law

enforcement and prosecution strategies

to combat violent crimes against

women, and to develop and strengthen

victim services in cases involving

violent crimes against women. Section

2001(a).

§ 90.11 Program criteria.

(a) The Assistant Attorney General for

the Office of Justice Programs is

authorized to make grants to the States,

for use by States, Indian tribal

governments, units of local government

and nonprofit, nongovernmental victim

services programs for the purpose of

developing and strengthening effective

law enforcement and prosecution

strategies to combat violent crimes

against women, and to develop and

strengthen victim services in cases

involving violent crimes against women.

(b) Grantees and subgrantees shall

develop a plan for implementation and

shall consult and coordinate with

nonprofit, nongovernmental victim

services programs, including sexual

assault and domestic violence victim

services programs. Section 2002(c)(2).
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19479

The goal of the planning process is the

enhanced coordination and integration

of law enforcement, prosecution, courts,

probation and parole agencies, and

victim services in the prevention,

identification, and response to cases

involving violence against women.

States and localities are encouraged to

include Indian tribal governments in

developing their plans. States and

localities should, therefore, consider the

needs of Indian tribal governments in

developing their law enforcement,

prosecution and victims services in

cases involving violence against women.

Indian tribal governments may also be

considered subgrantees of the State.

Section 2002(a).

§ 90.12 Eligible purposes.

(a) In General. Grants under this

Program shall provide personnel,

training, technical assistance,

evaluation, data collection and

equipment for the more widespread

apprehension, prosecution, and

adjudication of persons committing

violent crimes against women.

(b) Eligible Purposes. Section 2001(b).

Grants under this Program may be used

for the following purposes:

(1) Training law enforcement officers

and prosecutors to more effectively

identify and respond to violent crimes

against women, including the crimes of

sexual assault and domestic violence;

(2) Developing, training, or expanding

units of law enforcement officers and

prosecutors specifically targeting violent

crimes against women, including the

crimes of sexual assault and domestic

violence;

(3) Developing and implementing

more effective police and prosecution

policies, protocols, orders, and services

specifically devoted to preventing,

identifying, and responding to violent

crimes against women, including the

crimes of sexual assault and domestic

violence;

(4) Developing, installing, or

expanding data collection and

communication systems, including

computerized systems, linking police,

prosecutors, and courts or for the

purpose of identifying and tracking

arrests, protection orders, violations of

protection orders, prosecutions, and

convictions for violent crimes against

women, including the crimes of sexual

assault and domestic violence;

(5) Developing, enlarging, or

strengthening victim services programs,

including sexual assault and domestic

violence programs; developing or

improving delivery of victim services to

racial, cultural, ethnic, and language

minorities; providing specialized

domestic violence court advocates in

courts where a significant number of

protection orders are granted; and

increasing reporting and reducing

attrition rates for cases involving violent

crimes against women, including crimes

of sexual assault and domestic violence;

(6) Developing, enlarging, or

strengthening programs addressing

stalking; and

(7) Developing, enlarging, or

strengthening programs addressing the

needs and circumstances of Indian

tribes in dealing with violent crimes

against women, including the crimes of

sexual assault and domestic violence.

§ 90.13 Eligibility.

(a) All States are eligible to apply for,

and to receive, grants to combat violent

crimes against women under this

Program. Indian tribal governments,

units of local government, and

nonprofit, nongovernmental victim

service programs may receive subgrants

from the States under this Program.

(b) For the purpose of this Subpart B,

American Samoa and the

Commonwealth of the Northern Mariana

Islands shall be considered as one State

and, for these purposes, 67% of the

amounts allocated shall be allocated to

American Samoa, and 33% to the

Commonwealth of the Northern Mariana

Islands.

§ 90.14 Forensic medical examination

payment requirement.

(a) For the purpose of this Subpart B,

a State, Indian tribal government or unit

of local government shall not be entitled

to funds under this Program unless the

State, Indian tribal government, unit of

local government, or another

governmental entity incurs the full outof-pocket costs of forensic medical

examinations for victims of sexual

assault. ‘‘Full out-of-pocket costs’’

means any expense that may be charged

to a victim in connection with a forensic

medical examination for the purpose of

gathering evidence of a sexual assault

(e.g., the full cost of the examination, an

insurance deductible, or a fee

established by the facility conducting

the examination). Section 2005(a)(1).

For individuals covered by insurance,

‘‘full out-of-pocket costs’’ means any

costs that the insurer does not pay.

(b) A State, Indian tribal government,

or unit of local government shall be

deemed to incur the full out-of-pocket

costs of forensic medical examinations

for victims of sexual assault if that

governmental entity or some other:

(1) Provides such examinations to

victims free of charge;

(2) Arranges for victims to obtain such

examinations free of charge; or

(3) Reimburses victims for the cost of

such examinations if:

(i) The reimbursement covers the full

out-of-pocket costs of such

examinations, without any deductible

requirement and/or maximum limit on

the amount of reimbursement;

(ii) The governmental entity permits

victims to apply for reimbursement for

not less than one year from the date of

the examination;

(iii) The governmental entity provides

reimbursement to the victim not later

than ninety days after written

notification of the victim’s expense; and

(iv) The governmental entity provides

information at the time of the

examination to all victims, including

victims with limited or no English

proficiency, regarding how to obtain

reimbursement. Section 2005(b).

(c) Coverage of the cost of additional

procedures (e.g., testing for sexually

transmitted diseases) may be

determined by the State or

governmental entity responsible for

paying the costs; however, formula grant

funds cannot be used to pay for the cost

of the forensic medical examination or

any additional procedures.

§ 90.15 Filing costs for criminal charges.

(a) A State shall not be entitled to

funds under this Subpart B unless it:

(1) Certifies that its laws, policies, and

practices do not require, in connection

with the prosecution of any

misdemeanor or felony domestic

violence offense, that the victim bear the

costs associated with the filing of

criminal charges against the domestic

violence offender, or the costs

associated with the issuance or service

of a warrant, protection order, and

witness subpoena (arising from the

incident that is the subject of the arrest

or criminal prosecution); or

(2) Assures that its laws, policies and

practices will be in compliance with the

requirements of paragraph (a)(1) of this

section by the date on which the next

session of the State legislature ends, or

by September 13, 1996, whichever is

later.

(b) An Indian tribal government or

unit of local government shall not be

eligible for subgrants from the State

unless it complies with the

requirements of paragraph (a) of this

section with respect to its laws, policies

and practices.

(c) If a State does not come into

compliance within the time allowed in

paragraph (a)(2) of this section, the State

will not receive its share of the grant

money whether or not individual units

of local government are in compliance.
19480 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

§ 90.16 Availability and allocation of funds.

(a) Section 2002(b) provides for the

allocation of the amounts appropriated

for this Program as follows:

(1) Allocation to Indian tribal

governments. Of the total amounts

appropriated for this Program, 4% shall

be available for grants directly to Indian

tribal governments. This Program is

addressed in Subpart C of this part.

(2) Allocation to States. Of the total

amounts appropriated for this Program

in any fiscal year, after setting aside the

portion allocated for discretionary

grants to Indian tribal governments

covered in paragraph (a) (1) of this

section, and setting aside a portion for

evaluation, training and technical

assistance, a base amount shall be

allocated for grants to eligible applicants

in each State. After these allocations are

made, the remaining funds will be

allocated to each State on the basis of

the State’s relative share of total U.S.

population (not including Indian tribal

populations). For purposes of

determining the distribution of the

remaining funds, the most accurate and

complete data compiled by the U.S.

Bureau of the Census shall be used.

(3) Allocation of Funds within the

State. Funds granted to qualified States

are to be further subgranted by the State

to agencies, offices, and programs

including, but not limited to State

agencies and offices; public or private

nonprofit organizations; units of local

government; Indian tribal governments;

nonprofit, nongovernmental victim

services programs; and legal services

programs for victims to carry out

programs and projects specified in

§ 90.12.

(b) In distributing funds received

under this part, States must:

(1) Give priority to areas of varying

geographic size with the greatest

showing of need. In assessing need,

States must consider the range and

availability of existing domestic

violence and sexual assault programs in

the population and geographic area to

be served in relation to the availability

of such programs in other such

populations and geographic areas,

including Indian reservations.

Applications submitted by a State for

program funding must include a

proposal which delineates the method

by which States will distribute funds

within the State to assure compliance

with this requirement on an annual or

multi-year basis. Section 2002(e)(2)(A).

(2) Take into consideration the

population of the geographic area to be

served when determining subgrants.

Section 2002(e)(2)(B). Applications

submitted by a State for program

funding must include a proposal which

delineates the method by which States

will distribute funds within the State to

assure compliance with this

requirement on an annual or multi-year

basis.

(3) Equitably distribute monies on a

geographic basis, including non-urban

and rural areas of various geographic

sizes. Section 2002(e)(2)(C).

Applications submitted by the State for

program funding must include a

proposal which delineates the method

by which States will distribute funds

within the State to assure compliance

with this requirement on an annual or

multi-year basis.

(4) In disbursing monies, States must

ensure that the needs of previously

underserved populations are identified

and addressed in its funding plan.

Section 2002(e)(2)(D). For the purposes

of this Program, underserved

populations include, but are not limited

to, populations underserved because of

geographic location (such as rural

isolation), underserved racial or ethnic

populations, including Indian

populations, and populations

underserved because of special needs

such as language barriers or physical

disabilities. Section 2003(7). Each State

has flexibility to determine its basis for

identifying underserved populations,

which may include public hearings,

needs assessments, task forces, and U.S.

Bureau of Census data. Applications

submitted by the State for program

funding must include a proposal which

delineates the method by which States

will distribute funds within the State to

assure compliance with this

requirement on an annual or multi-year

basis.

(c) States must certify that a minimum

of 25% of each year’s grant award (75%

total) will be allocated, without

duplication, to each of the following

areas: prosecution, law enforcement,

and victim services. Section 2002(c)(3).

This requirement applies to States and

does not apply to individual

subrecipients. This requirement applies

to Indian tribal governments to the

extent they have law enforcement or

prosecution.

§ 90.17 Matching requirements.

(a) The Federal share of a subgrant

made under the State formula program

may not be expended for more than

75% of the total costs of the individual

projects described in a State’s

implementation plan. Section 2002(f). A

25% non-Federal match is required.

This 25% match may be cash or in-kind

services. States are expected to submit

a narrative that identifies the source of

the match.

(b) In-kind match may include

donations of expendable equipment,

office supplies, workshop or classroom

materials, work space, or the monetary

value of time contributed by

professional and technical personnel

and other skilled and unskilled labor if

the services they provide are an integral

and necessary part of a funded project.

The value placed on loaned or donated

equipment may not exceed its fair rental

value. The value placed on donated

services must be consistent with the rate

of compensation paid for similar work

in the organization or the labor market.

Fringe benefits may be included in the

valuation. Volunteer services must be

documented and, to the extent feasible,

supported by the same methods used by

the recipient organization for its own

employees. The value of donated space

may not exceed the fair rental value of

comparable space as established by an

independent appraisal of comparable

space and facilities in a privately owned

building in the same locality. The basis

for determining the value of personal

services, materials, equipment, and

space must be documented.

(c) The match expenditures must be

committed for each funded project and

cannot be derived from other Federal

funds. Nonprofit, nongovernmental

victim services programs funded

through subgrants are exempt from the

matching requirement; all other

subgrantees must provide a 25% match.

(d) Indian tribes, who are subgrantees

of a State under this Program, may meet

the 25% matching requirement for

programs under this Subpart B by using

funds appropriated by Congress for the

activities of any agency of an Indian

tribal government or for the activities of

the Bureau of Indian Affairs performing

law enforcement functions on any

Indian lands.

(e) All funds designated as match are

restricted to the same uses as the

Violence Against Women Program funds

and must be expended within the grant

period. The State must ensure that

match is identified in a manner that

guarantees its accountability during an

audit.

§ 90.18 Non-supplantation.

Federal funds received under this part

shall be used to supplement, not

supplant non-Federal funds that would

otherwise be available for expenditure

on activities described in this part.

Monies disbursed under this Program

must be used to fund new projects, or

expand or enhance existing projects.

The VAWA funds cannot be used to

supplant or replace existing funds

already allocated to funding programs.

Grant funds may not be used to replace
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19481

State or local funds (or, where

applicable, funds provided by the

Bureau of Indian Affairs) that would, in

the absence of Federal aid, be available

or forthcoming for programs to combat

violence against women. This

requirement applies only to State and

local public agencies. Section

2002(c)(4).

§ 90.19 State office.

(a) Statewide plan and application.

The chief executive of each

participating State shall designate a

State office for the purposes of:

(1) Certifying qualifications for

funding under this Subpart B;

(2) Developing a Statewide plan for

implementation of the grants to combat

violence against women in consultation

and coordination with nonprofit,

nongovernmental victim services

programs, including sexual assault and

domestic violence service programs; and

(3) Preparing an application to obtain

funds under this Subpart B.

(b) Administration and fund

disbursement. In addition to the duties

specified by paragraph (a) of this

section, the office shall:

(1) Administer funds received under

this Subpart B, including receipt,

review, processing, monitoring, progress

and financial report review, technical

assistance, grant adjustments,

accounting, auditing and fund

disbursements; and

(2) Coordinate the disbursement of

funds provided under this part with

other State agencies receiving Federal,

State, or local funds for domestic or

family violence and sexual assault

prosecution, prevention, treatment,

education, and research activities and

programs.

§ 90.20 Application content.

(a) Format. Applications from the

States for the STOP Violence Against

Women Formula Grant Program must be

submitted on Standard Form 424,

Application for Federal Assistance. The

Office of Justice Programs will request

the Governor of each State to identify

which State agency should receive the

Application Kit. The Application Kit

will include a Standard Form 424, an

Application for Federal Assistance, a

list of assurances to which the applicant

must agree, and additional guidance on

how to prepare and submit an

application for grants under this

Subpart.

(b) Requirements. Applicants in their

applications shall at the minimum:

(1) Include documentation from

nonprofit, nongovernmental victim

services programs describing their

participation in developing the plan as

provided in Section 90.19(a);

(2) Include documentation from

prosecution, law enforcement, and

victim services programs to be assisted,

demonstrating the need for grant funds,

the intended use of the grant funds, the

expected results from the use of grant

funds, and demographic characteristics

of the populations to be served,

including age, marital status, disability,

race, ethnicity and linguistic

background. Section 2002(d)(1);

(3) Certify compliance with the

requirements for forensic medical

examination payments as provided in

Section 90.14(a); and

(4) Certify compliance with the

requirements for filing and service costs

for domestic violence cases as provided

in Section 90.15

(c) Certifications. (1) As required by

Section 2002(c) each State must certify

in its application that it has met the

requirements of this Subpart regarding

the use of funds for eligible purposes

(Section 90.12); allocation of funds for

prosecution, law enforcement, and

victims services (Section 90.16(c)); nonsupplantation (Section 90.18); and the

development of a Statewide plan and

consultation with victim services

programs (Section 90.19(a)(2)).

(2) Each State must certify that all the

information contained in the

application is correct, that all

submissions will be treated as a material

representation of fact upon which

reliance will be placed, that any false or

incomplete representation may result in

suspension or termination of funding,

recovery of funds provided, and civil

and/or criminal sanctions.

§ 90.21 Evaluation.

(a) The National Institute of Justice

will conduct an evaluation of these

programs. A portion of the overall funds

authorized under this grant Program

will be set aside for this purpose.

Recipients of funds under this subpart

must agree to cooperate with Federallysponsored evaluations of their projects.

(b) Recipients of program funds are

strongly encouraged to develop a local

evaluation strategy to assess the impact

and effectiveness of the program funded

under this Subpart. Applicants should

consider entering into partnerships with

research organizations that are

submitting simultaneous grant

applications to the National Institute of

Justice for this purpose.

§ 90.22 Review of State applications.

(a) Review criteria. The provisions of

Part T of the Omnibus Act and of these

regulations provide the basis for review

and approval or disapproval of State

applications and amendments in whole

or in part.

(b) Intergovernmental review. This

Program is covered by Executive Order

12372 (Intergovernmental Review of

Federal Programs) and implementing

regulations at 28 CFR Part 30. A copy

of the application submitted to the

Office of Justice Programs should also

be submitted at the same time to the

State’s Single Point of Contact, if there

is a Single Point of Contact.

(c) Written notification and reasons

for disapproval. The Office of Justice

Programs shall approve or disapprove

applications within sixty days of official

receipt and shall notify the applicant in

writing of the specific reasons for the

disapproval of the application in whole

or in part. Section 2002(e)(1).

§ 90.23 State implementation plan.

(a) Each State must submit a plan

describing its identified goals and how

the funds will be used to accomplish

those goals. States may use grant funds

to accomplish any of the seven

identified purposes of the Violence

Against Women Act.

(b) The implementation plan should

describe how the State, in disbursing

monies, will:

(1) Give priority to areas of varying

geographic size with the greatest

showing of need based on the

availability of existing domestic

violence and sexual assault programs in

the population and geographic area to

be served in relation to the availability

of such programs in other such

populations and geographic areas;

(2) Determine the amount of subgrants

based on the population and geographic

area to be served;

(3) Equitably distribute monies on a

geographic basis including nonurban

and rural areas of various geographic

sizes; and

(4) Recognize and address the needs

of underserved populations. State plans

may include but are not required to

submit information on specific projects.

(c) State plans will be due 120 days

after the date of the award.

§ 90.24 Grantee reporting.

(a) Upon completion of the grant

period under this Subpart, a State shall

file a performance report with the

Assistant Attorney General for the

Office of Justice Programs explaining

the activities carried out, including an

assessment of the effectiveness of those

activities in achieving the purposes of

this part.

(b) A section of the performance

report shall be completed by each

grantee and subgrantee that performed

the direct services contemplated in the
19482 Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations

application, certifying performance of

direct services under the grant. The

grantee is responsible for collecting

demographics about the victims served

and including this information in the

Annual Performance Report. In

addition, the State should assess

whether or not annual goals and

objectives were achieved and provide a

progress report on Statewide

coordination efforts. Section 2002(h)(2).

(c) The Assistant Attorney General

shall suspend funding for an approved

application if:

(1) An applicant fails to submit an

annual performance report;

(2) Funds are expended for purposes

other than those described in this

subchapter; or

(3) A report under this Section or

accompanying assessments demonstrate

to the Assistant Attorney General that

the program is ineffective or financially

unsound.

Subpart C—Indian Tribal Governments

Discretionary Program

§ 90.50 Indian tribal governments

discretionary program.

(a) Indian tribal governments are

eligible to receive assistance as part of

the State program pursuant to Subpart B

of this part. In addition, Indian tribal

governments may apply directly to the

Office of Justice Programs for

discretionary grants under this Subpart,

based on Section 2002(b)(1).

(b) Indian tribal governments under

the Violence Against Women Act do not

need to have law enforcement authority.

Thus, the requirements applicable to

State formula grants under Subpart B

that at least 25% of the total grant award

be allocated to law enforcement and

25% to prosecution, are not applicable

to Indian tribal governments which do

not have law enforcement authority.

§ 90.51 Program criteria for Indian tribal

government discretionary grants.

(a) The Assistant Attorney General for

the Office of Justice Programs is

authorized to make grants to Indian

tribal governments for the purpose of

developing and strengthening effective

law enforcement and prosecution

strategies to combat violent crimes

against women, and to develop and

strengthen victim services in cases

involving violent crimes against women.

(b) Grantees shall develop plans for

implementation and shall consult and

coordinate with, to the extent that they

exist, tribal law enforcement;

prosecutors; courts; and nonprofit,

nongovernmental victim services

programs, including sexual assault and

domestic violence victim services

programs. Indian tribal government

applications must include

documentation from nonprofit,

nongovernmental victim services

programs, if they exist, or from women

in the community to be served

describing their participation in

developing the plan. The goal of the

planning process should be to achieve

better coordination and integration of

law enforcement, prosecution, courts,

probation, and victim services—the

entire tribal justice system—in the

prevention, identification, and response

to cases involving violence against

women.

§ 90.52 Eligible purposes.

(a) Grants under this Program may

provide personnel, training, technical

assistance, evaluation, data collection

and equipment for the more widespread

apprehension, prosecution, and

adjudication of persons committing

violent crimes against women.

(b) Grants may be used, by Indian

tribal governments, for the following

purposes (Section 2001(b)):

(1) Training law enforcement officers

and prosecutors to identify and respond

more effectively to violent crimes

against women, including the crimes of

sexual assault and domestic violence;

(2) Developing, training, or expanding

units of law enforcement officers and

prosecutors specifically targeting violent

crimes against women, including the

crimes of sexual assault and domestic

violence;

(3) Developing and implementing

more effective police and prosecution

policies, protocols, orders, and services

specifically devoted to preventing,

identifying, and responding to violent

crimes against women, including the

crimes of sexual assault and domestic

violence;

(4) Developing, installing, or

expanding data collection and

communication systems, including

computerized systems, linking police,

prosecutors, and courts or for the

purpose of identifying and tracking

arrests, protection orders, violations of

protection orders, prosecutions, and

convictions for violent crimes against

women, including the crimes of sexual

assault and domestic violence;

(5) Developing, enlarging, or

strengthening victim services programs,

including sexual assault and domestic

violence programs; providing

specialized domestic violence court

advocates in courts where a significant

number of protection orders are granted;

and increasing reporting and reducing

attrition rates for cases involving violent

crimes against women, including crimes

of sexual assault and domestic violence;

and

(6) Developing, enlarging, or

strengthening programs addressing

stalking.

§ 90.53 Eligibility of Indian tribal

governments.

(a) General. Indian tribes as defined

by Section 90.2 of this Part shall be

eligible for grants under this Subpart.

(b) Forensic Medical Examination

Payment Requirement.

(1) An Indian tribal government shall

not be entitled to funds under this

Program unless the Indian tribal

government (or other governmental

entity) incurs the full out-of-pocket

costs of forensic medical examinations

for victims of sexual assault.

(2) An Indian tribal government shall

be deemed to incur the full out-ofpocket costs of forensic medical

examinations for victims of sexual

assault if, where applicable, it meets the

requirements of Section 90.14(b) or

establishes that another governmental

entity is responsible for providing the

services or reimbursements meeting the

requirements of Section 90.14(b).

(c) Filing Costs for Criminal Charges

Requirement. An Indian tribal

government shall not be entitled to

funds under this Part unless the Indian

tribal government either

(1) Certifies that its laws, policies, and

practices do not require the victim to

bear the following costs in connection

with the prosecution of any

misdemeanor or felony domestic

violence offense:

(i) The cost associated with filing

criminal charges against a domestic

violence offender, or

(ii) The costs associated with issuing

or serving a warrant, protection order

and/or witness subpoena arising from

the incident that is the subject of the

arrest or criminal prosecution, or

(2) Assures that its laws, policies and

practices will be in compliance with

these requirements by September 13,

1996. (Section 2006)

§ 90.54 Allocation of funds.

(a) 4% of the total amounts

appropriated for this Program under

Section 2002(b) shall be available for

grants directly to Indian tribal

governments.

(b) Indian tribal governments may

make individual applications, or apply

as a consortium.

(c) Funding limits the number of

awards. The selection process will be

sensitive to the differences among tribal

governments and will take into account

the applicants’ varying needs in

addressing violence against women.
Federal Register / Vol. 60, No. 74 / Tuesday, April 18, 1995 / Rules and Regulations 19483

§ 90.55 Matching requirements.

(a) A grant made to an Indian tribal

government under this Subpart C may

not be expended for more than 75% of

the total costs of the individual projects

described in the application. Section

2002(g). A 25% non-Federal match is

required. This 25% match may be cash

or in-kind services. Applicants are

expected to submit a narrative that

identifies the source of the match.

(b) In-kind match may include

donations of expendable equipment,

office supplies, workshop or classroom

materials, work space, or the monetary

value of time contributed by

professional and technical personnel

and other skilled and unskilled labor if

the services they provide are an integral

and necessary part of a funded project.

The value placed on loaned or donated

equipment may not exceed its fair rental

value. The value placed on donated

services must be consistent with the rate

of compensation paid for similar work

in the organization or the labor market.

Fringe benefits may be included in the

valuation. Volunteer services must be

documented and, to the extent feasible,

supported by the same methods used by

the recipient organization for its own

employees. The value of donated space

may not exceed the fair rental value of

comparable space as established by an

independent appraisal of comparable

space and facilities in a privately owned

building in the same locality. The basis

for determining the value of personal

services, materials, equipment, and

space must be documented.

(c) The match expenditures must be

committed for each funded project and

may be derived from funds appropriated

by the Congress for the activities of any

agency of an Indian tribal government or

the Bureau of Indian Affairs performing

law enforcement functions on any

Indian lands. Nonprofit,

nongovernmental victim services

programs funded through subgrants are

exempt from the matching requirement;

all other subgrantees must provide a

25% match and reflect how the match

will be used.

(d) All funds designated as match are

restricted to the same uses as the

Violence Against Women Program funds

and must be expended within the grant

period. The applicant must ensure that

match is identified in a manner that

guarantees its accountability during an

audit.

§ 90.56 Non-supplantation.

Federal funds received under this part

shall be used to supplement, not

supplant funds that would otherwise be

available to State and local public

agencies for expenditure on activities

described in this part.

§ 90.57 Application content.

(a) Format. Applications from the

Indian tribal groups for the Indian

Tribal Governments Discretionary

Grants Program must, under this

Subpart, be submitted on Standard

Form 424, Application for Federal

Assistance, at a time specified by the

Office of Justice Programs.

(b) Programs. (1) Applications must

set forth programs and projects for a one

year period which meet the purposes

and criteria of the grant program set out

in Section 2001(b) and Section 90.12.

(2) Plans should be developed by

consulting with tribal law enforcement,

prosecutors, courts, and victim services,

to the extent that they exist, and women

in the community to be served.

Applicants are also encouraged to

integrate into their plans tribal methods

of addressing violent crimes against

women. Additionally, tribes may want

to develop a domestic violence code, if

one is not already in place, to facilitate

the implementation of strategies which

have reduced violence against women

in other court systems.

(c) Requirements. Applicants in their

applications shall at the minimum:

(1) Describe the project or projects to

be funded.

(2) Agree to cooperate with the

National Institute of Justice in a

Federally-sponsored evaluation of their

projects.

(d) Certifications.

(1) As required by Section 2002(c)

each Indian tribal government must

certify in its application that it has met

the requirements of this Subpart

regarding the use of funds for eligible

purposes (Section 90.52); and nonsupplantation (Section 90.56).

(2) A certification that all the

information contained in the

application is correct, that all

submissions will be treated as a material

representation of fact upon which

reliance will be placed, that any false or

incomplete representation may result in

suspension or termination of funding,

recovery of funds provided, and civil

and/or criminal sanctions.

§ 90.58 Evaluation.

The National Institute of Justice will

conduct an evaluation of these

programs.

§ 90.59 Grantee reporting.

(a) Upon completion of the grant

period under this Part, an Indian tribal

grantee shall file a performance report

with the Assistant Attorney General for

the Office of Justice Programs

explaining the activities carried out,

including an assessment of the

effectiveness of those activities in

achieving the purposes of this Subpart.

Section 2002(h)(1).

(b) The Assistant Attorney General

shall suspend funding for an approved

application if:

(1) An applicant fails to submit an

annual performance report;

(2) Funds are expended for purposes

other than those described in this

subchapter; or

(3) A report under this section or

accompanying assessments demonstrate

to the Assistant Attorney General that

the program is ineffective or financially

unsound.

Laurie Robinson,

Assistant Attorney General, Office of Justice

Programs.

Paul F. Kendall,

Acting General Counsel.

[FR Doc. 95–9615 Filed 4–17–95; 8:45 am]

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