Victims of Crime Act Victim Assistance Grant Program

DEPARTMENT OF JUSTICE

[OJP(OVC)-1113]

RIN 1121-ZA60

Victims of Crime Act Victim Assistance Grant Program

AGENCY: Office of Justice Programs, Office for Victims of Crime,

Justice.

ACTION: Final program guidelines.

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SUMMARY: The Office for Victims of Crime (OVC), Office of Justice

Programs (OJP), U.S. Department of Justice (DOJ), is publishing Final

Program Guidelines to implement the victim assistance grant program as

authorized by the Victims of Crime Act of 1984, as amended, 42 U.S.C.

10601, et seq. (hereafter referred to as VOCA).

EFFECTIVE DATE: These guidelines are effective from October 1, 1996

(Federal Fiscal Year 1997 VOCA grant program), until further revised by

OVC.

FOR FURTHER INFORMATION CONTACT: Jackie McCann Cleland, Director, State

Compensation and Assistance Division, 633 Indiana Avenue, NW.,

Washington, DC 20531-0001; e-mail address: [email protected];

telephone number 202/307-5983. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: VOCA authorizes federal financial assistance

to states for the purpose of compensating and assisting victims of

crime, providing funds for training and technical assistance, and

assisting victims of federal crimes. These Program Guidelines provide

information on the administration and implementation of the VOCA victim

assistance grant program as authorized in Section 1404 of VOCA, Public

Law 98-473, as amended, codified at 42 U.S.C. 10603, and contain

information under the following headings: Summary of the Comments to

the Proposed Program Guidelines; Background; Allocation of VOCA Victim

Assistance Funds; VOCA Victim Assistance Application Process; Program

Requirements; Financial Requirements; Monitoring; and Suspension and

Termination of Funding. The Guidelines are based on the experience

gained and legal opinions rendered since the inception of the grant

program in 1986, and are in accordance with VOCA. These Final Program

Guidelines are all inclusive. Thus, they supersede any Guidelines

previously issued by OVC.

OVC, in conjunction with DOJ's Office of Policy Development, and

the Office of Information and Regulatory Affairs within the Office for

Management and Budget (OMB), has determined that these Guidelines do

not represent a ``significant regulatory action'' for the purposes of

Executive Order 12866 and, accordingly, these Program Guidelines were

not reviewed by OMB.

In addition, these Program Guidelines will not have a significant

economic impact on a substantial number of small entities; therefore,

an analysis of the impact of these rules on such entities is not

required by the Regulatory Flexibility Act, codified at 5 U.S.C. 601,

et seq.

The program reporting requirements described in the Program

Requirements section have been approved by OMB as required under the

Paperwork Reduction Act, 44 U.S.C. 3504(h). (OMB Approval Number 1121-

0014).

Summary of the Revisions to the 1997 Final Program Guidelines

As a result of comments from the field, recent legislative

amendments, and modifications of applicable federal regulations,

substantive changes were made to four sections of the Proposed Program

Guidelines, including: the Availability of Funds, the Application

Process, the Program Requirements, and the Financial Requirements.

These changes are summarized in the paragraphs below, and incorporated

into the complete text of the Final Program Guidelines for Crime Victim

Assistance Grants. The Final Program Guidelines also include several

technical corrections that are not listed in this summary because they

do not affect policy or program implementation.

A. Comments From the Field

In the interest of reaching a more diverse audience and making the

review and comment process more convenient for victim service advocates

and providers, OVC took several steps. In April, 1996, OVC asked the

state VOCA

[[Page 19608]]

victim assistance program administrators for their comments on the

effective edition of the VOCA Victim Assistance Final Program

Guidelines (published in October 27, 1995). On the basis of their

comments and the suggestions of several other victim advocates, OVC

developed Proposed VOCA Victim Assistance Program Guidelines.

Throughout the year, the OVC Director and staff met individually and in

groups with VOCA administrators and subgrantees to discuss revisions to

the Guidelines. In November of 1996, OVC mailed copies of the Proposed

Guidelines directly to all of the state VOCA victims assistance and

victim compensation program administrators, as well to the

representatives of approximately 20 national crime victim advocacy

organizations. In early December, the Proposed Guidelines were posted

on the OVC Website for review and comment by all interested parties.

Finally, the Proposed Guidelines were published in the Federal Register

on February 18, 1997.

Since last Spring, OVC has received approximately 90

recommendations, comments, and questions from VOCA administrators,

victim service providers, representatives of national victim

organizations, and other victim advocates via telephone, mail, fax, and

e-mail. The vast majority of the comments supported the proposed

changes to the Guidelines.

OVC received comments from experts in elder services that helped

OVC redefine ``elder abuse'' and include specific direction regarding

respite care for elders, emergency nursing home shelter for victims of

elder abuse, and inclusion of adult care providers in community

cooperation efforts. These comments were made by state and national

organizations, including the U.S. Department of Health and Human

Services Administration on Aging and the National Association of State

Units on Aging.

OVC also received comments from state and national domestic

violence organizations, such as the Pennsylvania Coalition Against

Domestic Violence and AYUDA, supporting the proposal to expand VOCA-

funded emergency legal assistance to include child custody and

visitation when such assistance is from providers with a demonstrated

history of advocacy on behalf of domestic violence victims.

All of the comments received were invaluable in helping OVC prepare

the Final Victim Assistance Program Guidelines. A summary of the

changes occurring as a result of comments from the field are listed

below in the order in which they appear in the Final Program

Guidelines.

1. Definition of Crime Victim To Include Financial Harm

In Section I., Background, the definition of crime victim has been

modified to specifically include victims of financial exploitation.

Although VOCA-funded programs cannot restore the financial losses

suffered by victims of fraud, victims are eligible for the counseling,

criminal justice advocacy, and other support services offered by VOCA-

funded victim assistance programs.

2. Training of Adult Protective Services Personnel

The section on the VOCA Victim Assistance Application Process

(III.B.2.c.), which lists allowable uses of the administrative cost

provision, has been modified to specifically include training for aging

and adult protective service providers.

3. Submission of Administrative Cost Provision Budget

Previous editions of the Guidelines required state grantees to

submit a budget itemizing projected administrative fund expenditures

and a statement describing the types of activities they would support

and how the expenditure was expected to improve the administration of

the VOCA program.

The State Grantee Application Process section (III.B.2.), which

describes the administrative cost provision, has been modified to

lessen the burden on state grantees. Those states that use

administrative funds must submit a statement to OVC that reports only

the amount of the total grant that will be used as administrative

funds. A special condition will be added to the award document, and

periodic OJP financial reviews will be conducted to ensure states'

compliance with the Program Guidelines and OJP Financial Guide to

determine whether administrative funds have been used for allowable

purposes.

4. Training for Non-VOCA Funded Personnel

The State Grantee Application Process section (III.C.), which

outlines the allowable use of training funds, has been expanded to

specifically include non-VOCA funded staff in addition to VOCA-funded

personnel.

5. Submission of Training Cost Provision Budget

In previous editions of the Guidelines, state grantees were

required to submit a budget itemizing projected training expenses and a

statement describing the needs of the providers and the goals of the

training. The section on the State Grantee Application Process

(III.C.), has been modified to lessen the burden on states. States

using the VOCA training funds must only report the amount of the total

grant that will be used for training. States still must comply with OVC

the 20% match requirement and other guidance defining allowable uses

for training funds.

6. Definition of Victims of Federal Crime

In response to requests for clarification, the Program Requirements

section (IV.A.4.), has been modified to include a definition of

``victims of federal crime.'' For the purposes of this program, a

victim of federal crime is a victim of an offense that violates a

federal criminal statute or regulation. Federal crimes also include

crimes that occur in an area where the federal government has

jurisdiction, such as Indian reservations, some national parks, some

federal buildings, and military installations.

7. Definition of Elder Abuse

The Program Requirements section (IV.A.4.) describing grantee

eligibility requirements, has been modified so that the definition of

``elder abuse'' now focuses on describing the offense, rather than on

characterizing the victim. Hence, the definition, ``abuse of vulnerable

adults,'' has been expanded to include ``the mistreatment of older

persons through physical, sexual, or psychological violence; neglect;

or economic exploitation and fraud.''

8. Identifying Underserved Victims of Crime

The Program Requirements section (IV.A.4.) describing the state

grantee eligibility requirements, has been modified to encourage states

to identify gaps in available services, not just by the types of crimes

committed, but also by victims' demographic characteristics. Thus,

these Final Guidelines ask grantees to examine the possibility that in

a given state, ``underserved'' victims may also be defined by

demographic characteristics such as their status as senior citizens,

non-English speaking residents, disabled persons, members of racial or

ethnic minorities, or by virtue of the fact that they are residents of

rural or remote areas, or inner cities.

9. Funding New Programs

There was confusion about OVC's intention regarding the funding of

new crime victim programs. Hence, language has been added to Section

IV, the

[[Page 19609]]

Program Requirements (IV.B.3.), clarifying that new programs that have

not yet demonstrated a record of providing services may be eligible to

receive VOCA funding if they can demonstrate that 25-50 percent of

their financial support comes from non-federal sources. States are

responsible for establishing the base level of non-federal support

required within the 25-50 percent range.

10. Funding Unfunded Mandates

Recently, many state legislatures have passed laws establishing

important new rights for crime victims. OVC wishes to clarify that VOCA

funds may be used for the purpose of implementing these laws.

Therefore, restrictive language from the previous Guidelines has been

eliminated. Please note that VOCA crime victim assistance funds still

may not be used to supplant state and local funds that would otherwise

be available for crime victim services.

11. Child Abuse and Adult Protective Service Agencies

Section IV., the Program Requirements section (IV.C.), which

describes the criteria for eligible subrecipient organizations, has

been modified to specifically include child abuse programs and

treatment facilities and adult protective service agencies.

12. Legal Service Agencies or Programs With Records of Serving Victims

of Domestic Violence

The Program Requirements section (IV.C.5.), which lists the local

public agencies eligible to receive VOCA subgrant funds, has been

modified to specifically include legal service agencies or programs

with a demonstrated history of advocacy on behalf of domestic violence

victims, including children.

13. State Grantees as Subrecipients

Section IV., the Program Requirements (IV.C.5), has been modified

with regard to subgrants to state grantees. Since the intention of the

VOCA grant program is to support and enhance the crime victim services

provided by community agencies, state grantees that meet the definition

of an eligible subrecipient organization may not award themselves more

than 10 percent of their annual VOCA award. This limitation applies to

all states and territories, except for the Northern Mariana Islands,

Guam, American Samoa, and the Republic of Palau.

14. Nursing Homes as Emergency Shelters

Under the Program Requirements section (IV.E.1.a.), which lists the

allowable costs for direct services, the Guidelines have been modified

to clarify that emergency shelter includes short-term nursing home

shelter for elder abuse victims for whom no other safe, short-term

residence is available.

15. Emergency Legal Assistance

The Program Requirements section (IV.E.1.a.), which lists the

allowable services, activities, and costs at the subrecipient level,

has been modified to allow subgrantees discretion in providing victims

of domestic violence with legal assistance such as child custody and

visitation proceedings ``when such actions are directly connected to

family violence cases and are taken to ensure the health and safety of

the victim.'' The allowable ``Contracts for Professional Services''

section (IV.E.2.g.) also has been modified to include assistance with

emergency custody and visitation proceedings from providers with a

demonstrated history of advocacy on behalf of domestic violence

victims.

16. Cost of Respite Care

The Program Requirements, section (IV.E.1.c.), has been modified to

specifically state that assistance with participation in criminal

justice proceedings may include the cost of caring for a dependent

adult when this enables a victim to attend court.

17. Cost of Restitution Advocacy on Behalf of Individuals

The Program Requirement section (IV.E.1.c.), has been modified to

state clearly that restitution advocacy on behalf of specific crime

victims is an allowable activity.

18. Restorative Justice

In many cases, victims are not familiar with the nature and

availability of restorative justice programs. Therefore, the Program

Requirements section (IV.E.1.h.), has been modified to clarify that

restorative justice opportunities, where crime victims meet with

perpetrators, are allowable, if such meetings are requested ``or

voluntarily agreed to'' by the victim. In addition, since it is

impossible to guarantee the therapeutic value of any activity, this

section of the Guidelines has been further modified to state that

restorative justice programs must have ``possible beneficial or''

therapeutic value to crime victims.

19. Allowable Costs for Making Services Accessible to Victims With

Disabilities

The Program Requirements section (IV.E.2.d.), listing allowable

``non-direct'' costs and services, has been modified to clarify that

VOCA funds may be used to purchase items such as braille equipment for

the blind or TTY/TTD machines for the deaf, or to make minor building

improvements that make services more accessible to victims with

disabilities. Additional guidance can be found in the Office of Justice

Programs, Office of the Comptroller, Financial Guide.

20. Advanced Technologies

In the Program Requirements section (IV.E.2.f.), OVC offers the

states clarification that all subrecipients receiving VOCA funds for

advanced technologies such as computers and victim notification systems

must meet the usual program eligibility requirements as set forth in

the Guidelines.

21. Electronic Submission of Subgrant Award Reports

In the interest of meeting OVC's mandate to collect and maintain

accurate and timely information on the disbursal of VOCA funds, the

section describing the subgrant award report requirements (V.A.) has

been modified. Beginning with the Federal Fiscal Year (FFY) 1997 VOCA

grant award, state grantees are required to transmit their Subgrant

Award Report information to OVC via the automated subgrant dial-in

system within 90 days of the date of the subaward. Grantees can access

the system without incurring a long distance telephone charge by

utilizing the subgrant dial-in 1-800 number. OVC will no longer accept

manual submission of the Subgrant Award Reports. States and territories

outside of the continental U.S. are exempt from the requirement to use

the subdial system, but these grantees must complete and submit the

Subgrant Award Report form, OJP 7390/2A, for each VOCA subrecipient.

B. Legislative Changes

1. The Antiterrorism and Effective Death Penalty Act of 1996 (Public

Law 104-132)

The Antiterrorism and Effective Death Penalty Act of 1996 (Public

Law 104-132) (hereafter, ``The Antiterrorism Act''), was signed into

law on April 24, 1996. This legislation contained a number of victim

related provisions that amended VOCA, including four provisions

concerning the ``Availability

[[Page 19610]]

of (VOCA victim assistance) Grant Funds.''

a. Higher Base Award (II.C.). The Antiterrorism Act increases the

base amount for victim assistance grants from $200,000 to $500,000. The

territories of Northern Mariana Islands, Guam, and American Samoa will

continue to receive a base amount of $200,000, with the Republic of

Palau's share governed by the Compact of Free Association between the

U.S. and the Republic of Palau.

b. OVC Reserve Fund (II.B.2.). The Antiterrorism Act authorizes the

OVC Director to establish a reserve fund, up to $50 million. Reserve

fund monies may be used for supplemental grants to assist victims of

terrorist acts or mass violence occurring within or outside the U.S.

The OVC Director may award reserve funds to the following entities:

(1) States for providing compensation and assistance to their state

residents, who, while outside of the borders of the U.S., become

victims of a terrorist act or mass violence. The beneficiaries,

however, cannot be persons who are already eligible for compensation

under the Omnibus Diplomatic Security and Antiterrorism Act of 1986.

Individuals covered under the Omnibus Diplomatic Security Act include

those who are taken captive because of their relationship with the U.S.

government as a member of the U.S. Civil Service, as well as other U.S.

citizens, nationals, or resident aliens who are taken captive while

rendering service to the U.S. similar to that of civil servants.

Dependent family members of such persons also are covered under the

Act.

(2) Eligible state crime victim compensation and assistance

programs for providing compensation and emergency relief for the

benefit of victims of terrorist acts or mass violence occurring within

the U.S.

(3) U.S. Attorneys' Offices for use in coordination with state

victim compensation and assistance efforts in providing relief to

victims of terrorist acts or mass violence occurring within the U.S.

(4) Eligible state compensation and assistance programs to offset

fluctuation in the funds during years in which the Fund decreases and

additional monies are needed to stabilize funding for state programs.

c. Unobligated Grant Funds (II.B.4.). Beginning with FFY 1997 VOCA

grants, funds not obligated by the end of the grant period, up to an

annual national maximum of $500,000, will be returned to the Fund, and

not to the General Treasury, as was the practice in previous years.

Returned funds in excess of $500,000 in a given year shall be returned

to the Treasury. Once any portion of a state's grant is returned to the

Fund, the funds must be redistributed according to the formula

established by VOCA and the Proposed Program Guidelines. States are

encouraged to monitor closely the expenditure of VOCA funds throughout

the grant period to avoid returning grant monies to OVC and/or the

Treasury.

d. Grant Period Extended (II.B.3.). The Antiterrorism Act extended

the VOCA victim assistance grant period from the year of award plus

one, to the year of award plus two. Subsequent legislation further

extended the grant period to the year of award plus three.

2. Omnibus Appropriations Act of 1997

The Omnibus Appropriations Act of 1997 (P.L. 104-208) was passed by

Congress and signed into law by President Clinton in September, 1996.

This Act further extended the grant period to the year of award plus

three. This change is effective for all FFY 1997 grants. The Final

Program Guidelines clarify that funds are available for obligation

beginning October 1 of the year of the award, through September 30 of

the FFY three years later. For example, grants awarded in November,

1996 (FFY 1997) are available for obligation beginning October 1, 1996

through September 30, 2000. This modification is contained in the

``Availability of Funds'' section (II.B.3) of the Final Program

Guidelines.

C. Changes in Applicable Federal Regulations

1. Mandatory Enrollment in U.S. Treasury Department's Automated

Clearing House (ACH) Vendor Express Program

In accordance with the Debt Collection Improvement Act of 1996, the

U.S. Treasury Department revised its regulations regarding federal

payments. The Final Program Guidelines have been modified to require

that, effective July 26, 1996, all federal payments to state VOCA

victim assistance and compensation grantees must be made via electronic

funds transfer.

States that are new award recipients or those that have previously

received funds in the form of a paper check from the U.S. Treasury must

enroll in the Treasury Department's ACH Vendor Express program through

OJP before requesting any federal funds. This means that VOCA grantees

can no longer receive drawdowns against their awards via paper check

mailed from the Treasury. Grant recipients must enroll in ACH for

Treasury to electronically transfer drawdowns directly to their banking

institutions. States that are currently on the Letter of Credit

Electronic Certification System (LOCES) will be automatically enrolled

in the ACH program. Enrollment forms will be included in the award

packet. Enrollment in ACH need only be completed once. This

modification is included in the ``Application Process'' section

(III.A.6.) of the Final Program Guidelines.

2. Higher Audit Threshold

In response to suggestions made by many recipients of federal grant

awards, including VOCA grant recipients, OMB Circular A-133 is being

revised. Until the revisions are final, state and local government

agencies that receive $100,000 or more in federal funds during their

state fiscal year are required to submit an organization-wide financial

and compliance audit report. Recipients of $25,000 to $100,000 in

federal funds are required to submit a program- or organization-wide

audit report as directed by the granting agency. Recipients receiving

less than $25,000 in federal funds are not required to submit a

program- or organization-wide financial and compliance audit report for

that year. Nonprofit organizations and institutions of higher education

that expend $300,000 or more in federal funds per year shall have an

organization-wide financial and compliance audit. Grantees must submit

audit reports within 13 months after their state fiscal year ends.

Previously, states that received $100,000 or more in federal

financial assistance in any fiscal year were required to have a single

audit for that year. States and subrecipients receiving at least

$25,000, but less than $100,000, in a fiscal year had the option of

performing a single audit or an audit of the federal program, and state

and local governments receiving less than $25,000 in any fiscal year

were exempt from audit requirements. This modification is contained in

the ``Financial Requirements'' section (IV.A.) of the Proposed Program

Guidelines.

Guidelines for Crime Victim Assistance Grants

I. Background

In 1984, VOCA established the Crime Victims Fund (Fund) in the U.S.

Treasury and authorized the Fund to receive deposits of fines and

penalties levied against criminals convicted of federal crimes. This

Fund provides the source of funding for carrying out all of the

activities authorized by VOCA.

OVC makes annual VOCA crime victim assistance grants from the Fund

[[Page 19611]]

to states. The primary purpose of these grants is to support the

provision of services to victims of crime throughout the Nation. For

the purpose of these Program Guidelines, services are defined as those

efforts that (1) respond to the emotional and physical needs of crime

victims; (2) assist primary and secondary victims of crime to stabilize

their lives after a victimization; (3) assist victims to understand and

participate in the criminal justice system; and (4) provide victims of

crime with a measure of safety and security such as boarding-up broken

windows and replacing or repairing locks.

For the purpose of the VOCA crime victim assistance grant program,

a crime victim is a person who has suffered physical, sexual,

financial, or emotional harm as a result of the commission of a crime.

VOCA gives latitude to state grantees to determine how VOCA victim

assistance grant funds will best be used within each state. However,

each state grantee must abide by the minimal requirements outlined in

VOCA and these Program Guidelines.

II. Allocation of VOCA Victim Assistance Funds

A. Distribution of the Crime Victims Fund

OVC administers the deposits made into the Fund for programs and

services, as specified in VOCA. The amount of funds available for

distribution each year is dependent upon the total deposits into the

Fund during the preceding Federal Fiscal Year (October 1 through

September 30).

Pursuant to Section 1402 (d) of VOCA, deposits into the Fund will

be distributed as follows:

1. The first $3,000,000 deposited in the Fund in each fiscal year

is available to the Administrative Office of the U.S. Courts (AOUSC)

for administrative costs to carry out the functions of the judicial

branch under Sections 3611 and 3612 of Title 18 U.S. Code. (Legislation

is being drafted to repeal this provision. If passed by Congress and

signed by the President, AOUSC will no longer receive an allocation

from the Fund.)

2. Of the next $10,000,000 deposited in the Fund in a particular

fiscal year,

a. 85% shall be available to the Secretary of Health and Human

Services for grants under Section 4(d) of the Child Abuse Prevention

and Treatment Act for improving the investigation and prosecution of

child abuse cases;

b. 15% shall be available to the Director of the Office for Victims

of Crime for grants under Section 4(d) of the Child Abuse Prevention

and Treatment Act for assisting Native American Indian tribes in

developing, establishing, and operating programs to improve the

investigation and prosecution of child abuse cases.

3. Of the remaining amount deposited in the Fund in a particular

fiscal year,

a. 48.5% shall be available for victim compensation grants,

b. 48.5% shall be available for victim assistance grants; and

c. 3% shall be available for demonstration projects and training

and technical assistance services to eligible crime victim assistance

programs and for the financial support of services to victims of

federal crime by eligible crime victim assistance programs.

B. Availability of Funds

1. VOCA Victim Assistance Grant Formula

All states, the District of Columbia, the Commonwealth of Puerto

Rico, the U.S. Virgin Islands, Guam, American Samoa, Northern Mariana

Islands, and Palau (hereinafter referred to as ``states'') are eligible

to apply for, and receive, VOCA victim assistance grants. See Section

1404(d)(1) of VOCA, codified at 42 U.S.C. 10603(d)(1).

2. Reserve Fund

As the result of provisions in the Antiterrorism Act amending VOCA,

the OVC Director is authorized to retain funds in a reserve fund, up to

$50 million. The Director may utilize the reserve funds in order to:

a. Award supplemental grants to assist victims of terrorist acts or

mass violence outside or within the U.S. The OVC Director may grant

reserve funds for such purposes to the following entities:

(1) States for providing compensation and assistance to their state

residents, who while outside of the U.S. become victims of a terrorist

act or mass violence. The beneficiaries, however, cannot be persons who

are already eligible for compensation under the Omnibus Diplomatic

Security and Antiterrorism Act of 1986.

Individuals covered under the Omnibus Diplomatic Security and

Antiterrorism Act include persons who are taken captive because of

their relationship with the U.S. Government as a member of the U.S.

Civil Service, as well as other U.S. citizens, nationals, or resident

aliens who are taken captive while rendering service to the U.S.

similar to that of civil servants. Dependent family members of such

persons also are covered under the Omnibus Diplomatic Security Act.

(2) Eligible state crime victim compensation and assistance

programs for providing emergency relief, including crisis assistance,

training, and technical assistance for the benefit of victims of

terrorist acts or mass violence occurring within the U.S.

(3) U.S. Attorney's Offices for use in coordination with state

victim compensation and assistance efforts in providing relief to

victims of terrorist acts or mass violence occurring within the U.S.

b. Offset Fluctuations in Fund. The Director of OVC may also use

the reserve fund to offset fluctuations in Fund deposits for state

compensation and assistance programs in years in which the Fund

decreases and additional monies are needed to stabilize programs.

3. Grant Period

Federal legislation passed in 1996 also makes victim assistance

grant funds available for expenditure throughout the FFY of award as

well as in the next three fiscal years. The FFY begins on October 1 and

ends on September 30. For example, grants awarded in December, 1996

(FFY 1997) are available for obligation beginning October 1, 1996

through September 30, 2000.

4. Grant Deobligations

VOCA grant funds not obligated at the end of the award period will

be returned to the Crime Victims Fund. In a given fiscal year, no more

than $500,000 of the remaining unobligated funds can be returned to the

Fund. Amounts in excess of $500,000 shall be returned to the Treasury.

Once any portion of a state's grant is returned to the Fund, the funds

must be redistributed according to the rules established by VOCA and

the Final Program Guidelines, so states are encouraged to monitor

closely the expenditure of VOCA funds throughout the grant period to

ensure that no funds are returned.

C. Allocation of Funds to States

From the Fund deposits available for victim assistance grants, each

state grantee receives a base amount of $500,000, except for the

territories of Northern Mariana Islands, Guam, and American Samoa,

which are eligible to receive a base amount of $200,000. The Republic

of Palau's share is governed by the Compact of Free Association between

the U.S. and the Republic of Palau. The remaining Fund deposits are

distributed to each state, based upon the state's population in

relation to all other states, as determined by current census data.

[[Page 19612]]

D. Allocation of Funds Within the States

The Governor of each state designates the state agency that will

administer the VOCA victim assistance grant program. The designated

agency establishes policies and procedures, which must meet the minimum

requirements of VOCA and the Program Guidelines.

VOCA funds granted to the states are to be used by eligible public

and private nonprofit organizations to provide direct services to crime

victims. States have sole discretion for determining which

organizations will receive funds, and in what amounts, as long as the

recipients meet the requirements of VOCA and the Program Guidelines.

State grantees are encouraged to develop a VOCA program funding

strategy, which should consider the following: the range of victim

services throughout the state and within communities; the unmet needs

of crime victims; the demographic profile of crime victims; the

coordinated, cooperative response of community organizations in

organizing services for crime victims; the availability of services to

crime victims throughout the criminal justice process; and the extent

to which other sources of funding are available for services.

State grantees are encouraged to expand into new service areas as

needs and demographics of crime change within the state. For example,

when professional training, counseling, and debriefings are made

available to victim assistance providers, dispatchers, and law

enforcement officers in rural or other remote areas, services to

victims in these areas improve dramatically. Victim services in rural

or remote areas can also be improved by using VOCA funds to support

electronic networking through computers, police radios, and cellular

phones.

Many state grantees use VOCA funds to stabilize victim services by

continuously funding selected organizations. Some state grantees end

funding to organizations after several years in order to fund new

organizations. Other state grantees limit the number of years an

organization may receive VOCA funds. These practices are within the

state grantee's discretion and are supported by OVC, when they serve

the best interests of crime victims within the state.

State grantees may award VOCA funds to organizations that are

physically located in an adjacent state, when it is an efficient and

cost-effective mechanism available for providing services to victims

who reside in the awarding state. When adjacent state awards are made,

the amount of the award must be proportional to the number of victims

to be served by the adjacent-state organization. OVC recommends that

grantees enter into an interstate agreement with the adjacent state to

address monitoring of the VOCA subrecipient, auditing federal funds,

managing noncompliance issues, and reporting requirements. States must

notify OVC of each VOCA award made to an organization in another state.

III VOCA Victim Assistance Application Process

A. State Grantee Application Process

Each year, OVC issues a Program Instruction and Application Kit to

each designated state agency. The Application Kit contains the

necessary forms and information required to apply for VOCA grant funds,

including the Application for Federal Assistance, Standard Form 424.

The amount for which each state may apply is included in the

Application Kit. At the time of application, state grantees are not

required to provide specific information regarding the subrecipients

that will receive VOCA victim assistance funds.

Completed applications must be submitted on or before the stated

deadline, as determined by OVC.

In addition to the Application for Federal Assistance, state

grantees shall submit the following information:

1. Single Audit Act Information, specifically, the name and address

of the designated cognizant federal agency, the federal agency assigned

by OMB, and the dates of the state fiscal year.

2. Certifications Regarding Lobbying, Debarment, Suspension, and

Other Responsibility Matters; Drug-Free Workplace requirements; Civil

Rights Compliance, and any other certifications required by OJP and

OVC. In addition, states must complete a disclosure form specifying any

lobbying activities that are conducted.

3. An assurance that the program will comply with all applicable

nondiscrimination requirements.

4. An assurance that in the event a federal or state administrative

agency makes a finding of discrimination after a due process hearing,

on the grounds of race, color, religion, origin, sex, or disability

against the program, the program will forward a copy of the finding to

OJP, Office for Civil Rights (OCR).

5. The name of the Civil Rights contact person who has lead

responsibility for ensuring that all applicable civil rights

requirements are met and who shall act as liaison in civil rights

matters with OCR.

6. Enrollment in Automated Clearing House (ACH). State agencies

that are new award recipients, or those that have previously received

funds in the form of a paper check from the U.S. Treasury, must enroll

in the Treasury Department's ACH Vendor Express program through OJP

before any federal funds will be disbursed. States that are currently

on the Letter of Credit Electronic Certification System (LOCES) will be

automatically enrolled in the ACH program. Enrollment in ACH need only

be completed once.

7. Administrative Cost Provision Notification. States must indicate

in a letter transmitting their annual grant application whether they

intend to use the administrative cost provision. Additional information

about the administrative cost provision is set forth in the following

section.

B. Administrative Cost Provision for State Grantees

Each state grantee may retain up to, but not more than, 5% of each

year's grant for administering the VOCA victim assistance grant at the

state grantee level with the remaining portion being used exclusively

for direct services to crime victims or to train direct service

providers in accordance with these Program Guidelines, as authorized in

Section 1404(b)(3), codified at 42 U.S.C. 10603(b)(3). Administrative

funds must be expended during the project period for which the grant

was awarded. States are not authorized to roll-over administrative

funds from one project period to the next. The administrative cost

provision is available only to the state grantee and not to VOCA

subrecipients. State grantees are not required to match the portion of

the grant that is used for administrative purposes. The state

administrative agency may charge any federally approved indirect cost

rate to this grant. However, any indirect costs requested must be paid

from the 5 percent administrative funds.

This administrative cost provision is to be used by the state

grantee to expand, enhance, and/or improve the state's previous level

of effort in administering the VOCA victim assistance grant program at

the state level and to support activities and costs that impact the

delivery and quality of services to crime victims throughout the state.

Thus, grantees will be required to certify that VOCA administrative

funds will not be used to supplant state funds. This information will

assist OVC in evaluating requests to use administrative funds.

State grantees will not be in violation of the nonsupplantation

clause if there is a decrease in the state's previous financial

commitment towards the

[[Page 19613]]

administration of the VOCA grant programs in the following situations:

(1) A serious loss of revenue at the state level, resulting in across-

the-board budget restrictions. (2) A decrease in the number of ``state-

supported'' staff positions used to meet the state's ``maintenance of

effort'' in administering the VOCA grant programs.

States are required to notify OVC if there is a decrease in the

amount of its previous financial commitment to the cost of

administering the VOCA program.

State grantees are not required to match the portion of the grant

that is used for administrative purposes.

1. The following are examples of activities that are directly

related to managing the VOCA grant and can be supported with

administrative funds:

a. Pay salaries and benefits for staff and consultant fees to

administer and manage the financial and programmatic aspects of VOCA;

b. Attend OVC-sponsored and other relevant technical assistance

meetings that address issues and concerns to state administration of

victims' programs;

c. Monitor VOCA Victim Assistance subrecipients, and potential

subrecipients, provide technical assistance, and/or evaluation and

assessment of program activities;

d. Purchase equipment for the state grantee such as computers,

software, fax machines, copying machines;

e. Train VOCA direct service providers;

f. Purchase memberships in crime victims organizations and victim-

related materials such as curricula, literature, and protocols; and

g. Pay for program audit costs;

h. Pay for indirect costs at a federally approved indirect cost

rate that when applied, does not exceed the 5 percent administrative

cost allowance.

2. The following activities impact the delivery and quality of

services to crime victims throughout the state and, thus, can be

supported by administrative funds:

a. Develop strategic plans on a state and/or regional basis,

conduct surveys and needs assessments, promote innovative approaches to

serving crime victims such as through the use of technology;

b. Improve coordination efforts on behalf of crime victims with

other federally funded programs and with federal, state, and local

agencies and organizations;

c. Provide training on crime victim issues to state, public, and

nonprofit organizations that serve or assist crime victims such as law

enforcement officials, prosecutors, judges, corrections personnel,

social service workers, child and youth service providers, aging and

adult protective service providers, and mental health and medical

professionals;

d. Purchase, print, and/or develop publications such as training

manuals for service providers, victim services directories, and

brochures;

e. Coordinate and develop protocols, policies, and procedures that

promote systemic change in the ways crime victims are treated and

served; and

f. Train managers of victim service agencies.

Each state grantee that chooses to use administrative funds is

required to submit a statement to OVC reporting the amount of the total

grant that will be used as administrative funds. State grantees may

notify OVC when the decision is made to exercise this option or at the

time the Application for Federal Assistance is submitted. In addition,

the grantee must maintain adequate documentation to support the

expenditure of these funds.

A state may modify projections set forth in their application by

notifying OVC, in writing, of the revised amount of the total grant

that will be used as administrative funds. Failure to notify OVC of

modifications will prevent the state from meeting its obligation to

reconcile its State-wide Report with its Final Financial Status Report.

Administrative grant funds can only support that portion of a staff

person's time devoted to the VOCA assistance program. If the staff

person has other functions, the proportion of their time spent on the

VOCA assistance program must be documented using regular time and

attendance records. The documentation must provide a clear audit trail

for the expenditure of grant funds.

State grantees may choose to award administrative funds to a

``conduit'' organization that assists in selecting qualified

subrecipients and/or reduces the state grantee's administrative burden

in implementing the grant program. However, the use of a ``conduit''

organization does not relieve the state grantee from ultimate

programmatic and financial responsibilities.

C. Use of Funds for Training

State grantees have the option of retaining a portion of their VOCA

victim assistance grant for conducting state-wide and/or regional

trainings of victim services staff. The maximum amount permitted for

this purpose is one percent of the state's grant. State grantees that

choose to sponsor statewide or regional trainings are not precluded

from awarding VOCA funds to subrecipients for other types of staff

development.

Statewide or regional training supported with training funds should

target a diverse audience of victim service providers and allied

professionals, including VOCA funded and non-VOCA funded personnel, and

should provide opportunities to consider issues related to types of

crime, gaps in services, coordination of services, and legislative

mandates.

Each training activity must occur within the grant period, and all

training costs must be obligated prior to the end of the grant period.

VOCA grant funds cannot be used to supplant the cost of existing state

administrative staff or related state training efforts.

Each state grantee that chooses to use training funds is required

to submit a statement to OVC reporting the amount of the total grant

that will be used to pay for training. Grantees must maintain adequate

documentation to support the expenditure of these funds.

A state may modify projections set forth in their application by

notifying OVC of the revised amount of the total grant that will be

used as training funds. Failure to notify OVC of modifications will

prevent the state from meeting its obligation to reconcile its State-

wide Report with its Final Financial Status Report.

The VOCA funds used for training by the state grantee must be

matched at 20 percent of the total project cost, cash or in-kind, and

the source of the match must be described. For further information

regarding match requirements, see the section on Subrecipient

Organization Eligibility Requirements (IV.B.).

IV. Program Requirements

A. State Grantee Eligibility Requirements

When applying for the VOCA victim assistance grant, state grantees

are required to give assurances that the following conditions or

requirements will be met:

1. Must Be An Eligible Organization

States should ensure that only eligible organizations receive VOCA

funds, and that these funds are used only for services to victims of

crime, except those funds that the state grantee uses for training

victim service providers and/or administrative purposes, as authorized

by Section 1404(b) codified at 42 U.S.C. 10603(b). See section E.

Services, Activities, and Costs at the Subrecipient Level for examples

of direct services to crime victims.

[[Page 19614]]

2. Nonsupplantation

VOCA crime victim assistance grant funds will be used to enhance or

expand services and will not be used to supplant state and local funds

that would otherwise be available for crime victim services. See

Section 1404(a)(2)(c), codified at 42 U.S.C. 10603(a)(2)(C). This

supplantation clause applies to state and local public agencies only.

3. Priority Areas

Priority shall be given to victims of sexual assault, domestic

abuse, and child abuse. Thus, a minimum of 10% of each FFY's grant (30%

total) will be allocated to each of these categories of crime victims.

This grantee requirement does not apply to VOCA subrecipients.

Each state grantee must meet this requirement, unless it can

demonstrate to OVC that: (1) a ``priority'' category is currently

receiving significant amounts of financial assistance from the state or

other funding sources; (2) a smaller amount of financial assistance, or

no assistance, is needed from the VOCA victim assistance grant program;

and (3) crime rates for a ``priority'' category have diminished.

4. ``Previously Underserved'' Priority Areas

An additional 10% of each VOCA grant will be allocated to victims

of violent crime (other than ``priority'' category victims) who were

``previously underserved.'' These underserved victims of either adult

or juvenile offenders may include, but are not limited to, victims of

federal crimes; survivors of homicide victims; or victims of assault,

robbery, gang violence, hate and bias crimes, intoxicated drivers, bank

robbery, economic exploitation and fraud, and elder abuse.

For the purposes of this program, a victim of federal crime is a

victim of an offense that violates a federal criminal statute or

regulation. Federal crimes also include crimes that occur in an area

where the federal government has jurisdiction, such as Indian

reservations, some national parks, some federal buildings, and military

installations.

For the purposes of this program, elder abuse is defined as the

mistreatment of older persons through physical, sexual, or

psychological violence, neglect, or economic exploitation and fraud.

To meet the underserved requirement, state grantees must identify

crime victims by the types of crimes they have experienced (e.g., drunk

driving, sexual assault, or domestic violence). States are encouraged

to also identify gaps in available services by victims' demographic

characteristics. For example, in a given state, ``underserved'' victims

may be best defined according to their status as senior citizens, non-

English speaking residents, persons with disabilities, members of

racial or ethnic minorities, or by virtue of the fact that they are

residents of rural or remote areas, or inner cities. Each state grantee

has latitude for determining the method for identifying ``previously

underserved'' crime victims, which may include public hearings, needs

assessments, task forces, and meetings with state-wide victim services

agencies.

Each state grantee must meet this requirement, unless it can

justify to OVC that (a) services to these victims of violent crime are

receiving significant amounts of financial assistance from the state or

other funding sources; (b) a smaller amount of financial assistance, or

no assistance, is needed from the VOCA victim assistance grant program;

and (c) crime rates for these victims of violent crime have diminished.

5. Financial Record Keeping and Program Monitoring

Appropriate accounting, auditing, and monitoring procedures will be

used at the grantee and subrecipient levels so that records are

maintained to ensure fiscal control, proper management, and efficient

disbursement of the VOCA victim assistance funds, in accordance with

the OJP Financial Guide, effective edition.

6. Compliance With Federal Laws

Compliance with all federal laws and regulations applicable to

federal assistance programs and with the provisions of Title 28 of the

Code of Federal Regulations (CFR) applicable to grants.

7. Compliance With VOCA

Compliance by the state grantee and subrecipients with the

applicable provisions of VOCA and the Final Program Guidelines.

8. Required Reports Submitted to OVC

Programmatic and financial reports shall be submitted. [See Program

Requirements (Section IV.) and Financial Requirements (Section V.) for

reporting requirements and timelines.]

9. Civil Rights

Prohibition of Discrimination for Recipients of Federal Funds. No

person in any state shall, on the grounds of race, color, religion,

national origin, sex, age, or disability be excluded from participation

in, be denied the benefits of, be subjected to discrimination under, or

denied employment in connection with any program or activity receiving

federal financial assistance, pursuant to the following statutes and

regulations: Section 809(c), Omnibus Crime Control and Safe Streets Act

of 1968, as amended, 42 U.S.C. 3789d, and Department of Justice

Nondiscrimination Regulations, 28 CFR Part 42, Subparts C, D, E, and G;

Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d,

et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29

U.S.C. 794; Subtitle A, Title II of the Americans with Disabilities Act

of 1990, 42 U.S.C. 12101, et seq. and Department of Justice regulations

on disability discrimination, 28 CFR Part 35 and Part 39; Title IX of

the Education Amendments of 1972, as amended, 20 U.S.C. 1681-1683; and

the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et seq.

10. Obligation to Report Discrimination Finding

In the event a federal or state court or administrative agency

makes a finding of discrimination on the grounds of race, color,

religion, national origin, sex, age, or disability against a recipient

of VOCA victim assistance funds, state grantees are required to forward

a copy of the finding to the Office for Civil Rights (OCR) for OJP.

11. Obligation to Report Other Allegations/Findings

In the event of a formal allegation or a finding of fraud, waste,

and/or abuse of VOCA funds, state grantees are required to immediately

notify OVC of said finding. State grantees are also obliged to apprise

OVC of the status of any on-going investigations.

12. Coordination With State VOCA Compensation Program and Federal Law

Enforcement

OVC encourages state grantees to coordinate their activities with

their state's VOCA compensation program and the U.S. Attorneys' Offices

and FBI Field Offices within their state. Only with an emphasis on

coordination will a continuum of services be ensured for all crime

victims. Coordination strategies could include inviting Compensation

Program Directors and Federal Victim-Witness Coordinators to serve on

subgrant review committees; providing Compensation Program Directors

and Federal Victim-Witness Coordinators with a list of VOCA-funded

organizations; attending meetings organized by Compensation Program

Directors and Federal Victim-

[[Page 19615]]

Witness Coordinators regarding the provision of victim assistance

services; providing training activities for subrecipients to learn

about the compensation program; developing joint guidance, where

applicable, on third-party payments to VOCA assistance organizations;

and providing training for compensation program staff on the trauma of

victimization, particularly for victims of economic crime and survivors

of homicide victims.

B. Subrecipient Organization Eligibility Requirements

VOCA establishes eligibility criteria that must be met by all

organizations that receive VOCA funds. These funds are to be awarded to

subrecipients only for providing services to victims of crime through

their staff. Each subrecipient organization shall meet the following

requirements:

1. Public or Nonprofit Organization

To be eligible to receive VOCA funds, organizations must be

operated by public or nonprofit organization, or a combination of such

organizations, and provide services to crime victims.

2. Record of Effective Services

Demonstrate a record of providing effective services to crime

victims. This includes having the support and approval of its services

by the community, a history of providing direct services in a cost-

effective manner, and financial support from other sources.

3. New Programs

Those programs that have not yet demonstrated a record of providing

services may be eligible to receive VOCA funding, if they can

demonstrate that 25-50 percent of their financial support comes from

non-federal sources. It is important that organizations have a variety

of funding sources besides federal funding in order to ensure their

financial stability. States are responsible for establishing the base

level of non-federal support required within the 25-50 percent range.

4. Program Match Requirements

The purpose of matching contributions is to increase the amount of

resources available to the projects supported by grant funds. Matching

contributions of 20% (cash or in-kind) of the total cost of each VOCA

project (VOCA grant plus match) are required for each VOCA-funded

project and must be derived from non-federal sources, except as

provided in the OJP Financial Guide, effective edition (Part III. Post

Award Requirements, Chapter 3. Matching or Cost Sharing). All funds

designated as match are restricted to the same uses as the VOCA victim

assistance funds and must be expended within the grant period. Match

must be provided on a project-by-project basis. Any deviation from this

policy must be approved by OVC.

For the purposes of this program, 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 professionals 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 donated

services must be consistent with the rate of compensation paid for

similar work in the subrecipient's organization. If the required skills

are not found in the subrecipient's organization, the rate of

compensation must be consistent with the labor market. In either case,

fringe benefits may be included in the valuation. The value placed on

loaned or donated equipment may not exceed its fair market value. 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 privately-owned buildings in the

same locality.

a. Record Keeping. VOCA recipients and their subrecipients must

maintain records that clearly show the source, the amount, and the

period during which the match was allocated. The basis for determining

the value of personal services, materials, equipment, and space must be

documented. Volunteer services must be documented, and to the extent

feasible, supported by the same methods used by the subrecipient for

its own paid employees. The state has primary responsibility for

subrecipient compliance with the requirements. State grantees are

encouraged not to require excessive amounts of match.

b. Exceptions to the 20% Match. OVC sets a lower match requirements

for:

(1) Native American Tribes/Organizations Located on Reservations.

The match for new or existing VOCA subrecipients that are Native

American tribes/organizations located on reservations is 5% (cash or

in-kind) of the total VOCA project. For the purpose of this grant, a

Native American tribe/organization is defined as any tribe, band,

nation, or other organized group or community, which is recognized as

eligible for the special programs and services provided by the U.S. to

Native Americans because of their status as Native Americans. A

reservation is defined as a tract of land set aside for use of, and

occupancy by, Native Americans.

(2) The U.S. Virgin Islands, and all other territories and

possessions of the U.S., except Puerto Rico, are not required to match

VOCA funds. See 48 U.S.C. 1469a(d).

(3) OVC may waive the match requirement if extraordinary need is

documented by State VOCA administrators.

5. Volunteers

Subrecipient organizations must use volunteers unless the state

grantee determines there is a compelling reason to waive this

requirement. A ``compelling reason'' may be a statutory or contractual

provision concerning liability or confidentiality of counselor/victim

information, which bars using volunteers for certain positions, or the

inability to recruit and maintain volunteers after a sustained and

aggressive effort.

6. Promote Community Efforts to Aid Crime Victims

Promote, within the community, coordinated public and private

efforts to aid crime victims. Coordination may include, but is not

limited to, serving on state, federal, local, or Native American task

forces, commissions, working groups, coalitions, and/or multi-

disciplinary teams. Coordination efforts also include developing

written agreements that contribute to better and more comprehensive

services to crime victims. Coordination efforts qualify an organization

to receive VOCA victim assistance funds, but are not activities that

can be supported with VOCA funds.

7. Help Victims Apply for Compensation Benefits

Such assistance may include identifying and notifying crime victims

of the availability of compensation, assisting them with application

forms and procedures, obtaining necessary documentation, and/or

checking on claim status.

8. Comply With Federal Rules Regulating Grants

Subrecipients must comply with the applicable provisions of VOCA,

the Program Guidelines, and the requirements of the OJP Financial

Guide, effective edition, which includes maintaining appropriate

programmatic and financial records that fully disclose the amount and

disposition of VOCA funds received. This includes: Financial

documentation for disbursements; daily

[[Page 19616]]

time and attendance records specifying time devoted to allowable VOCA

victim services; client files; the portion of the project supplied by

other sources of revenue; job descriptions; contracts for services; and

other records which facilitate an effective audit.

9. Maintain Civil Rights Information

Maintain statutorily required civil rights statistics on victims

served by race, national origin, sex, age, and disability, within the

timetable established by the state grantee; and permit reasonable

access to its books, documents, papers, and records to determine

whether the subrecipient is complying with applicable civil rights

laws. This requirement is waived when providing a service, such as

telephone counseling, where soliciting the information may be

inappropriate or offensive to the crime victim.

10. Comply With State Criteria

Subrecipients must abide by any additional eligibility or service

criteria as established by the state grantee including submitting

statistical and programmatic information on the use and impact of VOCA

funds, as requested by the grantee.

11. Services to Victims of Federal Crimes

Subrecipients must provide services to victims of federal crimes on

the same basis as victims of state/local crimes.

12. No Charge to Victims for VOCA-Funded Services

Subrecipients must provide services to crime victims, at no charge,

through the VOCA-funded project. Any deviation from this provision

requires prior approval by the state grantee. Prior to authorizing

subrecipients to generate income, OVC strongly encourages

administrators to carefully weigh the following considerations

regarding federal funds generating income for subrecipient

organizations.

a. The purpose of the VOCA victim assistance grant program is to

provide services to all crime victims regardless of their ability to

pay for services rendered or availability of insurance or other third-

party payment resources. Crime victims suffer tremendous emotional,

physical, and financial losses. It was never the intent of VOCA to

exacerbate the impact of the crime by asking the victim to pay for

services.

b. State grantees must ensure that they and their subrecipients

have the capability to track program income in accordance with federal

financial accounting requirements. All VOCA-funded program and match

income, no matter how large or small, is restricted to the same uses as

the VOCA grant.

Program income can be problematic because of the required tracking

systems needed to monitor VOCA-funded income and ensure that it is used

only to make additional services available to crime victims. For

example: VOCA often funds only a portion of a counselor's time.

Accounting for VOCA program income generated by this counselor is

complicated, involving careful record keeping by the counselor, the

subrecipient program, and the state.

13. Client-Counselor and Research Information Confidentiality

Maintain confidentiality of client-counselor information, as

required by state and federal law.

14. Confidentiality of Research Information

Except as otherwise provided by federal law, no recipient of monies

under VOCA shall use or reveal any research or statistical information

furnished under this program by any person and identifiable to any

specific private person for any purpose other than the purpose for

which such information was obtained in accordance with VOCA. Such

information, and any copy of such information, shall be immune from

legal process and shall not, without the consent of the person

furnishing such information, be admitted as evidence or used for any

purpose in any action, suit, or other judicial, legislative, or

administrative proceeding. See Section 1407(d) of VOCA codified at 42

U.S.C. 10604.

These provisions are intended, among other things, to ensure the

confidentiality of information provided by crime victims to counselors

working for victim services programs receiving VOCA funds. Whatever the

scope of application given this provision, it is clear that there is

nothing in VOCA or its legislative history to indicate that Congress

intended to override or repeal, in effect, a state's existing law

governing the disclosure of information which is supportive of VOCA's

fundamental goal of helping crime victims. For example, this provision

would not act to override or repeal, in effect, a state's existing law

pertaining to the mandatory reporting of suspected child abuse. See

Pennhurst School and Hospital v. Halderman, et al., 451 U.S. 1 (1981).

Furthermore, this confidentiality provision should not be interpreted

to thwart the legitimate informational needs of public agencies. For

example, this provision does not prohibit a domestic violence shelter

from acknowledging, in response to an inquiry by a law enforcement

agency conducting a missing person investigation, that the person is

safe in the shelter. Similarly, this provision does not prohibit access

to a victim service project by a federal or state agency seeking to

determine whether federal and state funds are being utilized in

accordance with funding agreements.

C. Eligible Subrecipient Organizations

VOCA specifies that an organization must provide services to crime

victims and be operated by a public agency or nonprofit organization,

or a combination of such agencies or organizations in order to be

eligible to receive VOCA funding. Eligible organizations include victim

services organizations whose sole mission is to provide services to

crime victims. These organizations include, but are not limited to,

sexual assault and rape treatment centers, domestic violence programs

and shelters, child abuse programs, centers for missing children,

mental health services, and other community-based victim coalitions and

support organizations including those who serve survivors of homicide

victims.

In addition to victim services organizations, whose sole purpose is

to serve crime victims, there are many other public and nonprofit

organizations that have components which offer services to crime

victims. These organizations are eligible to receive VOCA funds, if the

funds are used to expand or enhance the delivery of crime victims'

services. These organizations include, but are not limited to, the

following:

1. Criminal Justice Agencies

Such agencies as law enforcement organizations, prosecutors'

offices, courts, corrections departments, and probation and paroling

authorities are eligible to receive VOCA funds to help pay for victims'

services. For example, prosecutor-based victim services may include

victim-witness programs, victim notification, and victim impact

statements, including statements of pecuniary damages for restitution.

Corrections-based victim services may include victim notification,

restitution advocacy, victim-offender mediation programs, and victim

impact panels. Police-based victim services may include victim crisis

units or victim advocates, victim registration and notification, and

cellular phone and alarm services for domestic abuse victims. In

general, VOCA funds may be used to provide crime victim services that

exceed a law enforcement official's normal duties. Regular law

enforcement duties such as crime scene intervention,

[[Page 19617]]

questioning of victims and witnesses, investigation of the crime, and

follow-up activities may not be paid for with VOCA funds.

2. Religiously-Affiliated Organizations

Such organizations receiving VOCA funds must ensure that services

are offered to all crime victims without regard to religious

affiliation and that the receipt of services is not contingent upon

participation in a religious activity or event.

3. State Crime Victim Compensation Agencies

Compensation programs, including both centralized and decentralized

programs, may receive VOCA assistance funds if they offer direct

services to crime victims that extend beyond the essential duties of

compensation staff such as claims investigations, distribution of

information about compensation and referral to other sources of public

and private assistance. Such services would include assisting victims

in identifying and accessing needed services and resources.

4. Hospitals and Emergency Medical Facilities

Such organizations must offer crisis counseling, support groups,

and/or other types of victim services. In addition, state grantees may

only award VOCA funds to a medical facility for the purpose of

performing forensic examinations on sexual assault victims if (1) the

examination meets the standards established by the state, local

prosecutor's office, or state-wide sexual assault coalition; and (2)

appropriate crisis counseling and/or other types of victim services are

offered to the victim in conjunction with the examination.

5. Others

State and local public agencies such as mental health service

organizations, state/local public child and adult protective services,

state grantees, legal services agencies and programs with a

demonstrated history of advocacy on behalf of domestic violence

victims, and public housing authorities that have components

specifically trained to serve crime victims. Since the intention of the

VOCA grant program is to support and enhance the crime victim services

provided by community agencies, state grantees that meet the definition

of an eligible subrecipient organization may not subaward themselves

more than 10 percent of their annual VOCA award. This limitation

applies to all states and territories, except for the Northern Mariana

Islands, Guam, American Samoa, and the Republic of Palau.

D. Ineligible Recipients of VOCA Funds

Some public and nonprofit organizations that offer services to

crime victims are not eligible to receive VOCA victim assistance

funding. These organizations include, but are not limited to, the

following:

1. Federal Agencies

This includes U.S. Attorneys Offices and FBI Field Offices. Receipt

of VOCA funds would constitute an augmentation of the federal budget

with money intended for state agencies. However, private nonprofit

organizations that operate on federal land may be eligible

subrecipients of VOCA victim assistance grant funds.

2. In-Patient Treatment Facilities

For example, those designed to provide treatment to individuals

with drug, alcohol, and/or mental health-related conditions.

E. Services, Activities, and Costs at the Subrecipient Level

1. Allowable Costs for Direct Services

The following is a listing of services, activities, and costs that

are eligible for support with VOCA victim assistance grant funds within

a subrecipient's organization:

a. Immediate Health and Safety. Those services which respond to the

immediate emotional and physical needs (excluding medical care) of

crime victims such as crisis intervention; accompaniment to hospitals

for medical examinations; hotline counseling; emergency food, clothing,

transportation, and shelter (including emergency, short-term nursing

home shelter for elder abuse victims for whom no other safe, short-term

residence is available); and other emergency services that are intended

to restore the victim's sense of security. This includes services which

offer an immediate measure of safety to crime victims such as boarding-

up broken windows and replacing or repairing locks. Also allowable is

emergency legal assistance such as filing restraining orders and

obtaining emergency custody/visitation rights when such actions are

directly connected to family violence cases and are taken to ensure the

health and safety of the victim.

b. Mental Health Assistance. Those services and activities that

assist the primary and secondary victims of crime in understanding the

dynamics of victimization and in stabilizing their lives after a

victimization such as counseling, group treatment, and therapy.

``Therapy'' refers to intensive professional psychological/psychiatric

treatment for individuals, couples, and family members related to

counseling to provide emotional support in crises arising from the

occurrence of crime. This includes the evaluation of mental health

needs, as well as the actual delivery of psychotherapy.

c. Assistance with Participation in Criminal Justice Proceedings.

In addition to the cost of emergency legal services noted above in

section a. ``Immediate Health and Safety'', there are other costs

associated with helping victims participate in the criminal justice

system that also are allowable. These services may include advocacy on

behalf of crime victims; accompaniment to criminal justice offices and

court; transportation to court; child care or respite care to enable a

victim to attend court; notification of victims regarding trial dates,

case disposition information, and parole consideration procedures; and

assistance with victim impact statements. State grantees may also fund

projects devoted to restitution advocacy on behalf of specific crime

victims. VOCA funds cannot be used to pay for non-emergency legal

representation such as for divorces, or civil restitution recovery

efforts.

d. Forensic Examinations. For sexual assault victims, forensic

exams are allowable costs only to the extent that other funding sources

(such as state compensation or private insurance or public benefits)

are unavailable or insufficient and, such exams conform with state

evidentiary collection requirements. State grantees should establish

procedures to monitor the use of VOCA victim assistance funds to pay

for forensic examinations in sexual assault cases.

e. Costs Necessary and Essential to Providing Direct Services. This

includes pro-rated costs of rent, telephone service, transportation

costs for victims to receive services, emergency transportation costs

that enable a victim to participate in the criminal justice system, and

local travel expenses for service providers.

f. Special Services. Services to assist crime victims with managing

practical problems created by the victimization such as acting on

behalf of the victim with other service providers, creditors, or

employers; assisting the victim to recover property that is retained as

evidence; assisting in filing for compensation benefits; and helping to

apply for public assistance.

g. Personnel Costs. Costs that are directly related to providing

direct services, such as staff salaries and fringe benefits, including

malpractice insurance; the cost of advertising to recruit VOCA-funded

personnel; and

[[Page 19618]]

the cost of training paid and volunteer staff.

h. Restorative Justice. Opportunities for crime victims to meet

with perpetrators, if such meetings are requested or voluntarily agreed

to by the victim and have possible beneficial or therapeutic value to

crime victims.

State grantees that plan to fund this type of service should

closely review the criteria for conducting these meetings. At a

minimum, the following should be considered: (1) the safety and

security of the victim; (2) the benefit or therapeutic value to the

victim; (3) the procedures for ensuring that participation of the

victim and offender are voluntary and that everyone understands the

nature of the meeting, (4) the provision of appropriate support and

accompaniment for the victim, (5) appropriate ``debriefing''

opportunities for the victim after the meeting or panel, (6) the

credentials of the facilitators, and (7) the opportunity for a crime

victim to withdraw from the process at any time. State grantees are

encouraged to discuss proposals with OVC prior to awarding VOCA funds

for this type of activity. VOCA assistance funds cannot be used for

victim-offender meetings which serve to replace criminal justice

proceedings.

2. Other Allowable Costs and Services

The services, activities, and costs listed below are not generally

considered direct crime victim services, but are often a necessary and

essential activity to ensure that quality direct services are provided.

Before these costs can be supported with VOCA funds, the state grantee

and subrecipient must agree that direct services to crime victims

cannot be offered without support for these expenses; that the

subrecipient has no other source of support for them; and that only

limited amounts of VOCA funds will be used for these purposes. The

following list provides examples of such items:

a. Skills Training for Staff. VOCA funds designated for training

are to be used exclusively for developing the skills of direct service

providers including paid staff and volunteers, so that they are better

able to offer quality services to crime victims. An example of skills

development is training focused on how to respond to a victim in

crisis.

VOCA funds can be used for training both VOCA-funded and non-VOCA-

funded service providers who work within a VOCA recipient organization,

but VOCA funds cannot be used for management and administrative

training for executive directors, board members, and other individuals

that do not provide direct services.

b. Training Materials. VOCA funds can be used to purchase materials

such as books, training manuals, and videos for direct service

providers, within the VOCA-funded organization, and can support the

costs of a trainer for in-service staff development. Staff from other

organizations can attend in-service training activities that are held

for the subrecipient's staff.

c. Training Related Travel. VOCA funds can support costs such as

travel, meals, lodging, and registration fees to attend training within

the state or a similar geographic area. This limitation encourages

state grantees and subrecipients to first look for available training

within their immediate geographical area, as travel costs will be

minimal. However, when needed training is unavailable within the

immediate geographical area, state grantees may authorize using VOCA

funds to support training outside of the geographical area. For

example, VOCA grantees may benefit by attending national conferences

that offer skills building training workshops for victim assistance

providers.

d. Equipment and Furniture. VOCA funds may be used to purchase

furniture and equipment that provides or enhances direct services to

crime victims, as demonstrated by the VOCA subrecipient.

VOCA funds cannot support the entire cost of an item that is not

used exclusively for victim-related activities. However, VOCA funds can

support a prorated share of such an item. In addition, subrecipients

cannot use VOCA funds to purchase equipment for another organization or

individual to perform a victim-related service. Examples of allowable

costs may include beepers; typewriters and word processors; video-tape

cameras and players for interviewing children; two-way mirrors; and

equipment and furniture for shelters, work spaces, victim waiting

rooms, and children's play areas.

The costs of furniture, equipment such as braille equipment or TTY/

TTD machines for the deaf, or minor building alterations/improvements

that make victims services more accessible to persons with disabilities

are allowable. Refer to the OJP Financial Guide, effective edition,

before these types of decisions are made.

e. Purchasing or Leasing Vehicles. Subrecipients may use VOCA funds

to purchase or lease vehicles if they can demonstrate to the state VOCA

administrator that such an expenditure is essential to delivering

services to crime victims. The VOCA administrator must give prior

approval for all such purchases.

f. Advanced Technologies. At times, computers may increase a

subrecipient's ability to reach and serve crime victims. For example,

automated victim notification systems have dramatically improved the

efficiency of victim notification and enhanced victim security.

In order to receive a grant for advanced technologies, each

subrecipient must meet the program eligibility requirements set forth

in section IV.B. of the Guidelines, Subrecipient Organization

Eligibility Requirements. In making such expenditures, VOCA

subrecipients must describe to the state how the computer equipment

will enhance services to crime victims; how it will be integrated into

and/or enhance the subrecipient's current system; the cost of

installation; the cost of training staff to use the computer equipment;

the on-going operational costs, such as maintenance agreements,

supplies; and how these additional costs will be supported. Property

insurance is an allowable expense as long as VOCA funds support a

prorated share of the cost of the insurance payments.

State grantees that authorize equipment to be purchased with VOCA

funds must establish policies and procedures on the acquisition and

disbursement of the equipment, in the event the subrecipient no longer

receives a VOCA grant. At a minimum, property records must be

maintained with the following: a description of the property and a

serial number or other identifying number; identification of title

holder; the acquisition date; the cost and the percentage of VOCA funds

supporting the purchase; the location, use, and condition of the

property; and any disposition data, including the date of disposal and

sale price. (See OJP Financial Guide, effective edition.)

g. Contracts for Professional Services. VOCA funds generally should

not be used to support contract services. At times, however, it may be

necessary for VOCA subrecipients to use a portion of the VOCA grant to

contract for specialized services. Examples of these services include

assistance in filing restraining orders or establishing emergency

custody/visitation rights (the provider must have a demonstrated

history of advocacy on behalf of domestic violence victims); forensic

examinations on a sexual assault victim to the extent that other

funding sources are unavailable or insufficient; emergency

psychological or psychiatric services; or sign and/or interpretation

[[Page 19619]]

for the deaf or for crime victims whose primary language is not

English.

Subrecipients are prohibited from using a majority of VOCA funds

for contracted services, which contain administrative, overhead, and

other indirect costs included in the hourly or daily rate.

h. Operating Costs. Examples of allowable operating costs include

supplies; equipment use fees, when supported by usage logs; printing,

photocopying, and postage; brochures which describe available services;

and books and other victim-related materials. VOCA funds may support

administrative time to complete VOCA-required time and attendance

sheets and programmatic documentation, reports, and statistics;

administrative time to maintain crime victims' records; and the pro-

rated share of audit costs.

i. Supervision of Direct Service Providers. State grantees may

provide VOCA funds for supervision of direct service providers when

they determine that such supervision is necessary and essential to

providing direct services to crime victims. For example, a state

grantee may determine that using VOCA funds to support a coordinator of

volunteers or interns is a cost-effective way of serving more crime

victims.

j. Repair and/or Replacement of Essential Items. VOCA funds may be

used for repair or replacement of items that contribute to maintaining

a healthy and/or safe environment for crime victims, such as a furnace

in a shelter. In the event that a vehicle is purchased with VOCA funds,

related items, such as routine maintenance and repair costs, and

automobile insurance are allowable. State grantees are cautioned to

scrutinize each request for expending VOCA funds for such purposes to

ensure the following: (1) that the building or vehicle is owned by the

subrecipient organization and not rented or leased, (2) all other

sources of funding have been exhausted, (3) there is no available

option for providing the service in another location, (4) that the cost

of the repair or replacement is reasonable considering the value of the

building or vehicle, and (5) the cost of the repair or replacement is

pro-rated among all sources of income.

k. Public Presentations. VOCA funds may be used to support

presentations that are made in schools, community centers, or other

public forums, and that are designed to identify crime victims and

provide or refer them to needed services. Specifically, activities and

costs related to such programs including presentation materials,

brochures, and newspaper notices can be supported by VOCA funds.

3. Non-Allowable Costs and Activities

The following services, activities, and costs, although not

exhaustive, cannot be supported with VOCA victim assistance grant funds

at the subgrantee level:

a. Lobbying and Administrative Advocacy. VOCA funds cannot support

victim legislation or administrative reform, whether conducted directly

or indirectly.

b. Perpetrator Rehabilitation and Counseling. Subrecipients cannot

knowingly use VOCA funds to offer rehabilitative services to offenders.

Likewise, VOCA funds cannot support services to incarcerated

individuals, even when the service pertains to the victimization of

that individual.

c. Needs Assessments, Surveys, Evaluations, Studies. VOCA program

funds may not be used to pay for efforts conducted by individuals,

organizations, task forces, or special commissions to study and/or

research particular crime victim issues.

d. Prosecution Activities. VOCA funds cannot be used to pay for

activities that are directed at prosecuting an offender and/or

improving the criminal justice system's effectiveness and efficiency,

such as witness notification and management activities and expert

testimony at a trial. In addition, victim witness protection costs and

subsequent lodging and meal expenses are considered part of the

criminal justice agency's responsibility and cannot be supported with

VOCA funds.

e. Fundraising activities.

f. Indirect Organizational Costs. The costs of liability insurance

on buildings; capital improvements; security guards and body guards;

property losses and expenses; real estate purchases; mortgage payments;

and construction may not be supported with VOCA funds.

g. Property Loss. Reimbursing crime victims for expenses incurred

as a result of a crime such as insurance deductibles, replacement of

stolen property, funeral expenses, lost wages, and medical bills is not

allowed.

h. Most Medical Costs. VOCA funds cannot pay for nursing home care

(emergency short-term nursing home shelter as described in section

IV.E.1.a. is allowable), home health-care costs, in-patient treatment

costs, hospital care, and other types of emergency and non-emergency

medical and/or dental treatment. VOCA victim assistance grant funds

cannot support medical costs resulting from a victimization, except for

forensic medical examinations for sexual assault victims.

i. Relocation Expenses. VOCA funds cannot support relocation

expenses for crime victims such as moving expenses, security deposits

on housing, ongoing rent, and mortgage payments. However, VOCA funds

may be used to support staff time in locating resources to assist

victims with these expenses.

j. Administrative Staff Expenses. Salaries, fees, and reimbursable

expenses associated with administrators, board members, executive

directors, consultants, coordinators, and other individuals unless

these expenses are incurred while providing direct services to crime

victims.

k. Development of Protocols, Interagency Agreements, and Other

Working Agreements. These activities benefit crime victims, but they

are considered examples of the types of activities that subrecipients

undertake as part of their role as a victim services organization,

which in turn qualifies them as an eligible VOCA subrecipient.

l. Costs of Sending Individual Crime Victims to Conferences.

m. Activities Exclusively Related to Crime Prevention.

V. Program Reporting Requirements

State grantees must adhere to all reporting requirements and

timelines for submitting the required reports, as indicated below.

Failure to do so may result in a hold being placed on the drawdown of

the current year's funds, a hold being placed on processing the next

year's grant award, or can result in the suspension or termination of a

grant.

A. Subgrant Award Reports

A Subgrant Award Report is required for each organization that

receives VOCA funds and uses the funds for such allowable expenses

including employee salaries, fringe benefits, supplies, and rent. This

requirement applies to all state grantee awards including grants,

contracts, or subgrants and to all subrecipient organizations.

Subgrant Award Reports are not to be completed for organizations

that serve only as conduits for distributing VOCA funds or for

organizations that provide limited, emergency services, on an hourly

rate, to the VOCA subrecipient organizations. Services and activities

that are purchased by a VOCA subrecipient are to be included on the

subrecipient's Subgrant Award Report.

1. Reporting Deadline

State grantees are required to submit to OVC, within 90 days of

making the subaward, Subgrant Award Report information for each

subrecipient of VOCA victim assistance grant funds.

[[Page 19620]]

2. Electronic Submission

State grantees shall transmit their Subgrant Award Report

information to OVC via the automated subgrant dial-in system. By

utilizing the subgrant dial-in number (1-800/838-0106), grantees can

access the system without incurring a long distance telephone charge.

States and territories outside of the continental U.S. are exempt from

the requirement to use the subdial system, but these grantees must

complete and submit the Subgrant Award Report form, OJP 7390/2A, for

each VOCA subrecipient.

3. Changes to Subgrant Award Report

If the Subgrant Award Report information changes by the end of the

grant period, state grantees must inform OVC of the changes, by

revising the information via the automated subgrant subdial system. The

total of all Subgrant Award Reports submitted by the state grantee must

agree with the Final Financial Status Report (Standard Form 269A) that

is submitted at the end of the grant period.

B. Performance Report

1. Reporting Deadline

Each state grantee is required to submit specific grant performance

data on the OVC-provided Performance Report, form No. OJP 7390/4, by

December 31 of each year.

2. Administrative Cost Provision

For those state grantees who opt to use a portion of the VOCA

victim assistance grant for administrative costs, the Performance

Report will be used to describe how the funds were actually used and

the impact of the 5% administrative funds on the state grantee's

ability to expand, enhance, and improve services to crime victims.

State grantees who choose to use a portion of their VOCA victim

assistance grant for administrative costs must maintain a clear audit

trail of all costs supported by administrative funds and be able to

document the value of the grantee's previous commitment to

administering VOCA.

VI. Financial Requirements

As a condition of receiving a grant, state grantees and

subrecipients shall adhere to the financial and administrative

provisions set forth in the OJP Financial Guide and applicable OMB

Circulars and Common Rules. The following section describes the audit

requirements for state grantees and subrecipients, the completion and

submission of Financial Status Reports, and actions that result in

termination of advance funding.

A. Audit Responsibilities for Grantees and Subrecipients

Audits of non-profit institutions and institutions of higher

education must comply with the organizational audit requirements of OMB

Circular A-133, which states that recipients who expend $300,000 or

more during their fiscal year in federal funds during their fiscal

year, are required to submit an organization-wide financial and

compliance audit report within 13 months after the close of each fiscal

year during the term of the award to their cognizant federal agency.

State and local units of government must comply with the

organizational audit requirements of OMB circular A-128, which states

that recipients of $25,000 of federal funds during their fiscal year,

are required to submit an audit report to their cognizant agency.

Recipients who receive less than $25,000 in federal funds are exempt

from the audit requirement.

B. Audit Costs

Audit costs incurred at the grantee (state) level are determined to

be an administrative expense, and may be paid with the allowable five

percent for administration. Subrecipients may not use any VOCA funds to

pay for administrative costs, including the cost of audits.

C. Financial Status Report for State Grantees

Financial Status Reports (269A) are required from all state

agencies. A Financial Status Report shall be submitted to the Office of

the Comptroller for each calendar quarter in which the grant is active.

This Report is due even though no obligations or expenditures were

incurred during the reporting period. Financial Status Reports shall be

submitted to the Office of the Comptroller, by the state, within 45

days after the end of each calendar quarter. Calendar quarters end

March 31, June 30, September 30, and December 31. A Final Financial

Status Report is due 120 days after the end of the VOCA grant.

D. Termination of Advance Funding to State Grantees

If the state grantee receiving cash advances by direct Treasury

deposit demonstrates an unwillingness or inability to establish

procedures that will minimize the time elapsing between cash advances

and disbursements, OJP may terminate advance funding and require the

state to finance its operations with its own working capital. Payments

to the state will then be made to the state by the ACH Vendor Express

method to reimburse the grantee for actual cash disbursements. It is

essential that the grantee organization maintain a minimum of cash on

hand and that drawdowns of cash are made only when necessary for

disbursements.

VII. Monitoring

A. Office of the Comptroller

The Office of the Comptroller conducts periodic reviews of the

financial policies, procedures, and records of VOCA grantees and

subrecipients. Therefore, upon request, state grantees and

subrecipients must allow authorized representatives to access and

examine all records, books, papers, case files, or documents related to

the grant, use of administrative funds, and all subawards.

B. Office for Victims of Crime

OVC conducts on-site monitoring in which each state grantee is

visited a minimum of once every three years. While on site, OVC

personnel will review various documents and files such as (1) program

manuals and procedures governing the VOCA grant program; (2) reports

for the grantee and all VOCA subrecipients; (3) the state grantee's

VOCA application kit, procedures, and guidelines for subawarding VOCA

funds; and (4) all other state grantee and subrecipient records and

files.

In addition, OVC will visit selected subrecipients and will review

similar documents such as (1) reports; (2) policies and procedures

governing the organization and the VOCA funds; (3) programmatic records

of victims' services; and (4) timekeeping records and other supporting

documentation for costs supported by VOCA funds.

VIII. Suspension and Termination of Funding

If, after notice and opportunity for a hearing, OVC finds that a

state has failed to comply substantially with VOCA, the OJP Financial

Guide (effective edition), the Final Program Guidelines, or any

implementing regulation or requirement, OVC may suspend or terminate

funding to the state and/or take other appropriate action. At such

time, states may request a hearing on the justification for the

suspension and/or termination of VOCA funds. VOCA subrecipients, within

the state, may not request a hearing at the federal level. However,

VOCA subrecipients who believe that the state grantee has violated a

program and/or financial requirement are not precluded

[[Page 19621]]

from bringing the alleged violation(s) to the attention of OVC.

Dated: April 17, 1997.

Aileen Adams,

Director, Office for Victims of Crime, Office for Justice Programs.

[FR Doc. 97-10403 Filed 4-21-97; 8:45 am]

BILLING CODE 4410-18-P