Grants to Combat Violent Crimes Against Women

DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 90

[OJP No. 1015]

RIN 1121-AA27

Grants to Combat Violent Crimes Against Women

AGENCY: Department of Justice, Office of Justice Programs.

ACTION: Proposed Rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule implements and requests comments on the

Grants to Combat Violence Against Women Program as authorized by

sections 2001 through 2006 of the Omnibus Crime Control and Safe

Streets Act of 1968, as amended by Title IV, Section 40121 of the

Violent Crime Control and Law Enforcement Act of 1994.

DATE: Comments on this proposed rule must be received on or before

February 27, 1995.

ADDRESS: All comments concerning these proposed regulations should be

addressed to the Office of the General Counsel, Office of Justice

Programs, Room 1245, 633 Indiana Avenue NW, Washington, DC 20531.

FOR FURTHER INFORMATION CONTACT:

The Department of Justice Response Center at 1-800-421-6770 or (202)

301-1480.

SUPPLEMENTARY INFORMATION: The Violence Against Women Act (VAWA), is

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). 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

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. Units of local government, Indian tribal

governments and non-profit, non-governmental victim service programs

are eligible to apply directly to the Office of Justice Programs for

discretionary grants under Subpart C of these regulations.

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 under-reported. The following

statistics taken from the Bureau of Justice Statistics' 1994 data from

the National Crime Victimization Survey, and a recent Bureau of Justice

Statistic report, Violence Against Women (January 1994), paint a grim

picture of violence against women in America:

Over two-thirds of violent crimes committee 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 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.

Second, it is only recently that 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

VAWA reflects a firm commitment towards working to change the

criminal justice system's response to violence that occurs when any

women 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 issues of violence against women, VAWA can assist the

nation's criminal justice system in responding to the needs and

concerns of women who have been, or potentially could be, victimized by

violence.

Law Enforcement and Prosecution Grants To Reduce Violent Crimes

Against Women

For FY 1995, Congress appropriated $26 million to the Department of

Justice 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 following years.

Thus, the $26 million appropriation for FY 1995 is the initial step

of a multi-year program designed to encourage States to implement

innovative and effective criminal justice approaches to this problem.

VAWA enumerates the following seven broad purpose areas 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 specifically targeting 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, and

ethnic minorities, 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 of the amount appropriated each

year is available for Indian tribal governments through a discretionary

program. For FY 1995, this program will fund up to fifteen to twenty

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 pro-active 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 VAWA.

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 each year to

distribute their grant funds. 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 within the

State of varying geographic size with the greatest showing of need.

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-of-pocket costs for forensic medial exams involving sexual

assault victims. Section 2005(a)(1). 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 non-profit, non-governmental victim services programs,

including sexual assault and domestic violence victim services

programs.

Indian Tribal Governments Discretionary Program

Indian tribal governments are eligible recipients for these funds

either through the States as subgrantees or directly from the Office of

Justice Programs through a small discretionary program. As described,

the Office of Justice Programs will make grants to States and the State

will make funds available to units of local government, Indian tribal

governments and non-profit, non-governmental victim services programs.

In addition, VAWA requires that 4% of the total funds be set aside for

Indian tribal governments. These funds may be used 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. 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 authority. Nonetheless, program plans should be

developed through consultation with tribal law enforcement,

prosecutors, courts, and victims services to the extent they exist.

Tribal applicants are also encouraged to integrate into their plans

traditional models of dispute resolution such as peacemaker forums.

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

approximately fifteen to twenty awards. To be eligible for funding

under the discretionary program, Indian tribal governments must comply

with the forensic exam cost and the filing and serving fee requirements

applicable to the State block 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 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.

Request for Comments

The Office of Justice Programs seeks to fulfill Congressional

intent by soliciting, encouraging and incorporating comments on all

aspects of this program while ensuring that the statutory limitations

are applied appropriately to all recipients. Comments are specifically

solicited on, 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, contained in Sec. 90.14

of subpart B of this regulation, that exempts sexual assault victims

from paying out-of-pocket expenses with regard to forensic medical

exams.

(2) Whether the scope of the services identified in Sec. 90.2(b) of

subpart A (the definition of forensic exam) of this proposed regulation

adequately covers the needs of victims and prosecutors.

(3) The special needs of Indian tribal governments in implementing

the discretionary grant program.

(4) The scope of the impact on States, units of local government,

and Indian tribal governments of the mandate, contained in Sec. 90.15

of subpart B of this regulation, 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.

(5) Approaches to addressing allocation and distribution

requirements applicable to States, as set out in Sec. 90.16 of subpart

B, in making subgrants to units of local government.

A detailed Program Announcement for the States for FY 1995 will be

available in March 1995. An Application Kit for Indian tribal

governments will also be available in March 1995.

Administrative Requirements

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

Grant programs, Judicial administration. For the reasons set out in

the preamble, Title 28, Chapter I of the Code of Federal Regulations is

proposed to be 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--Grants to Combat Violence Against Women Program

90.10 Description of Grants To Combat Violence Against Women.

90.11 Program criteria.

90.12 Eligible purposes.

90.13 Eligibility.

90.14 Rape exam 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 Grantee reporting.

Subpart C--Discretionary Grants for Indian Tribal Governments

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.

90.58 Grantee reporting.

Authority: Title I of the Omnibus Crime Control and Safe Streets

Act of 1968, 42 U.S.C. Sec. 3711 et seq., as amended by Pub. L. No.

103-322.

Subpart A--General Provisions

Sec. 90.1 General.

(a) This part implements 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 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. Units of local

government, Indian tribal governments, and non-profit, non-governmental

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.

Sec. 90.2 Definitions.

(a) Domestic violence. As used in this part, domestic violence

includes felony or misdemeanor crimes of violence (including threats or

attempts) committed:

(1) By a current or former spouse of the victim;

(2) By a person with whom the victim shares a child in common;

(3) By a person who is co-habitating with or has co-habitated with

the victim as a spouse;

(4) By a person similarly situated to a spouse of the victim under

domestic or family violence laws of the jurisdiction receiving grant

monies; or

(5) 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).

(b) Forensic medical examination. The term forensic medical

examination means:

(1) All medical diagnostic procedures performed for a sexual

assault victim, including, but not limited to:

(i) Examination of physical trauma;

(ii) Determination of penetration, force, or lack of consent;

(iii) Patient interview; and

(iv) Collection and evaluation of evidence.

(2) The records and test results of such diagnostic procedures and

evidence collection must be obtained in a manner suitable for use in a

court of law.

(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 purpose of this program the term prosecution

means any public agency charged with direct responsibility for

prosecuting criminal offenders, including such agency's component

bureaus such as governmental victim services programs. 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 purpose 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, 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 private non-

profit non-government organization that assists domestic violence and

sexual assault victims, including rape crisis centers, battered women's

shelters, and other sexual assault or domestic violence programs, such

as non-profit, non-governmental organizations assisting domestic

violence or sexual assault victims through the legal process. Section

2003(8).

Subpart B--Grants To Combat Violence Against Women Program

Sec. 90.10 Description of grants to combat violence against women.

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).

Sec. 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 non-profit,

non-governmental 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) States and localities shall develop plans for implementation

and shall consult and coordinate with non-profit, non-governmental

victim services programs, including sexual assault and domestic

violence victim services programs. Section 2002(c)(2). The goal of the

planning process is the enhanced coordination and integration of law

enforcement, prosecution, 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. services in cases involving

violence against women. Indian tribal governments may also be

considered subgrantees of the State. Section 2002(a).

Sec. 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 the 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.

Sec. 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 non-profit, non-

governmental 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.

Sec. 90.14 Rape exam 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 costs

of forensic medical exams for victims of sexual assault. Section

2005(a)(1).

(b) A State, Indian tribal government, or unit of local government

shall be deemed to incur the full cost of forensic medical exams for

victims of sexual assault if that governmental entity or some other:

(1) Provides such exams to victims free of charge;

(2) Arranges for victims to obtain such exams free of charge; or

(3) Reimburses victims for the cost of such exams if:

(i) The reimbursement covers the full cost of such exams, without

any deductible requirement or 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 exam;

(iii) The governmental entity provides reimbursement 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 exam to all victims, including victims with limited or no English

proficiency, regarding how to obtain reimbursement. Section 2005(b).

Sec. 90.15 Filing costs for criminal charges.

(a) A State shall ot 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; 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.

Sec. 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. For purposes of determining the distribution of the

remaining funds, the most accurate and complete data complied 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

and programs including, but not limited to State agencies, public or

private non-profit organizations, units of local government, Indian

tribal governments, non-profit, non-governmental victim services

programs, and legal services programs to carry out programs and

projects specified in Sec. 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 avalability of such programs in other such populations and

geographic areas. 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, and populations underserved

because of special needs due to 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 States 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, or Indian tribal governments.

Sec. 90.17 Matching requirements.

A grant made under the State formula program may not be expended

for more than 75% of the total costs of the projects specified in a

State's application submission. Section 2002(f). The States are

expected to submit a budget which identifies the source of the 25% non-

Federal portion of the budget. The non-Federal expenditures must be

committed for each funded project and cannot be derived from other

Federal funds. States may satisfy this 25% match through in-kind

services. 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. 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.

Sec. 90.18 Non-supplantion.

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. Section 2002(c)(4).

Sec. 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

non-profit, non-governmental victim services programs, including sexual

assault and domestic violence service programs;

(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) Administering 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) Coordinating 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.

Sec. 90.20 Application content.

(a) Format. Applications from the States for grants to Combat

Violence Against Women must be submitted on Standard Form 424,

Application for Federal Assistance, at a time specified by the Office

of Justice Programs. 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, a list of assurances that the applicant must agree to, a table of

fund allocations, and additional guidance on how to prepare and submit

an application for grants under this subpart.

(b) Programs. Applications must set forth programs and projects

which meet the purposes and criteria of the Grants to Combat Crimes

Against Women program set out in Secs. 90.11 and 90.12 on an annual or

multi-year basis.

(c) Requirements. Applicants in their applications shall at the

minimum

(1) Include documentation from non-profit, non-governmental victim

services programs describing their participation in developing the plan

as provided in Sec. 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 language background. Section 2002(d)(1);

(3) Include proof of compliance with the requirements for rape exam

payments as provided in Sec. 90.14(a);

(4) Include proof of compliance with the requirements for filing

and service costs for domestic violence cases as provided in

Sec. 90.15; and

(5) Describe how the State and its subgrantees will provide for

evaluation of programs funded under this subpart, as provided in

Sec. 90.21(b), and agree to cooperate with the National Institute of

Justice in a Federally-sponsored evaluation.

(d) 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

(Sec. 90.12); allocation of funds for prosecution, law enforcement, and

victims services Sec. 90.16(c)); non-supplantation (Sec. 90.18); and

the development of a statewide plan and consultation with victim

services programs (Sec. 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.

Sec. 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 Federally-sponsored

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.

Sec. 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).

Sec. 90.23 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 application, certifying performance of direct services under the

grant. 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--Discretionary Grants for Indian Tribal Governments

Sec. 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 also 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

(VAWA) 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.

Sec. 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 non-profit, non-governmental

victim services programs, including sexual assault and domestic

violence victim services programs. The goal of the planning process

should be to achieve better coordination and integration of law

enforcement, prosecution, and victim services in the prevention,

identification, and response to cases involving violence against women.

Sec. 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 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;

(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.

Sec. 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) Rape exam 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 costs

of forensic medical exams for victims of sexual assault.

(2) An Indian tribal government shall be deemed to incur the full

cost of forensic medical exams for victims of sexual assault if, where

applicable, it meets the requirements of Sec. 90.14(b) or establishes

that another governmental entity is responsible for providing the

services or reimbursements meeting the requirements of Sec. 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:

(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, witness subpoena; or

(2) Assures that its laws, policies and practices will be in

compliance with the requirements of paragraph (a) of this section by

September 13, 1996. (Section 2006).

Sec. 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) Limited funding restricts the awarding of grants to

approximately fifteen to twenty awards in FY 1995. 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.

Sec. 90.55 Matching Requirements.

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

projects specified in the application. Applicants should submit a

budget which identifies the source of the 25% matching funds. 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 may be used to provide

matching share of the cost of programs or projects funded. An Indian

tribal government may also satisfy the 25% match through in-kind

services. All funds designated as match are restricted to the same uses

as the grant funds and must be expended within the grant period.

Sec. 90.56 Non-supplantation.

Federal funds received under this part shall be used to supplement,

not supplant funds that would otherwise be available for expenditure on

activities described in this part. (Section 2002(c)(4))

Sec. 90.57 Application Content.

(a) Format. Applications from the Indian tribal groups for

discretionary grants to Combat Violence Against Women 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

Grants to Combat Crimes Against Women program set out in Section

2001(b) and Sec. 90.12.

(2) Plans should be developed by consulting with tribal law

enforcement, prosecutors, courts, and victim services, to the extent

that they exist. Applicants are also encouraged to integrate into their

plans traditional models of dispute resolution, such as peacemaker

forums. 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 (Sec. 90.52); and non-supplantation (Sec. 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.

Sec. 90.58. Evaluation.

The National Institute of Justice will conduct an evaluation of

these programs.

Sec. 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.

[FR Doc. 94-31877 Filed 12-27-94; 8:45 am]

BILLING CODE 4410-18-M