STOP Violence Against Women Formula and Discretionary Grants Program (Grants to Combat Violent Crimes Against Women)

Federal RegisterApr 18, 1995

Ask Donna

What actually matters in this document.

Text

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.

Sec. 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.

Sec. 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.

Sec. 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.''

Sec. 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.

Sec. 90.2(i) has been expanded to clarify the range of

programs eligible to receive grant funds designated as ``victim

services.''

Sec. 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.

Sec. 90.14 and Sec. 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.

Sec. 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. [[Page 19475]]

Sec. 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.

Sec. 90.16(a)(3) has been modified to add the word

``offices'' in reference to eligible subgrantees.

Sec. 90.16(b)(1) has been modified to clarify that States

should consider Indian reservations in assessing need.

Sec. 90.16(b)(4) has been modified to encourage States to

consider Indian populations in disbursing monies to previously

underserved populations.

Sec. 90.17 has been modified to clarify the matching

requirements and the permissibility of in-kind match.

Sec. 90.18 has been modified to clarify the non-

supplantation requirement.

Sec. 90.20(b) now addresses Application Requirements.

Sec. 90.20(b)(3) and (4) have been modified to replace the

words ``include proof of'' with the word ``certify.''

Sec. 90.23, previously entitled ``Grantee Reporting,'' now

describes the type of information that should be included in the State

Implementation Plan.

Sec. 90.24 now addresses grantee reporting requirements.

Sec. 90.51(b) and Sec. 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.

Sec. 90.54 has been modified to delete reference to a

specific number of discretionary grants that will be awarded.

Sec. 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 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

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 [[Page 19476]] 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 multi-year 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-of-pocket costs for forensic medical examinations involving

sexual assault victims. Section 2005(a)(1). ``Full out-of-pocket

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 [[Page 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

Sec. 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.

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. [[Page 19478]]

Sec. 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.

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 violence-related 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

Sec. 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).

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 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).

[[Page 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).

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 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.

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 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.

Sec. 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 out-

of-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).

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.

Sec. 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.

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. [[Page 19480]]

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 (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 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 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.

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.

Sec. 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.

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.

Sec. 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 [[Page 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).

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

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.

Sec. 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

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)); non-supplantation (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.

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.

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 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.

Sec. 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 [[Page 19482]] 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).

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

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 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.

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 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.

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, 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.

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) 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-of-pocket 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).

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)

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.

be sensitive to the differences among tribal governments and will take

into account the applicants' varying needs in addressing violence

against women. [[Page 19483]]

Sec. 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.