[Federal Register Volume 65, Number 183 (Wednesday, September 20, 2000)]
[Notices]
[Pages 57068-57076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23790]



[[Page 57067]]

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Part V





Department of Justice





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Office of Justice Programs



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Proposed Program Guidelines for the Victims of Crime Act Victim 
Compensation Grant Program; Notice

  Federal Register / Vol. 65, No. 183 / Wednesday, September 20, 2000 / 
Notices  

[[Page 57068]]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

[OJP(OVC)-1289]


Proposed Program Guidelines for the Victims of Crime Act Victim 
Compensation Grant Program

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

ACTION: Proposed program guidelines and request for comments.

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SUMMARY: The Office for Victims of Crime (OVC), United States 
Department of Justice (DOJ) is publishing Proposed Program Guidelines 
to implement the victim compensation grant program as authorized by the 
Victims of Crime Act of 1984 (VOCA), as amended, 42 U.S.C. 10601, et 
seq.
    Solicitation of Comments: The public is invited to provide comments 
to these Proposed Program Guidelines. All comments must be sent (either 
by conventional mail or electronic mail) to Carol R. Watkins, Director, 
State Compensation and Assistance Division, 810 Seventh Street, N.W., 
Washington, D.C. 20531; E-mail: [email protected]. Comments must 
be received no later than October 20, 2000.

FOR FURTHER INFORMATION CONTACT: Carol R. Watkins, Director, State 
Compensation and Assistance Division, 810 Seventh Street, N.W., 
Washington, D.C. 20531; phone: (202) 514-4696. (This is not a toll-free 
number). E-mail: [email protected] 

SUPPLEMENTARY INFORMATION: VOCA provides federal financial assistance 
to states for the purpose of compensating and assisting crime victims, 
providing funds for training and technical assistance, and assisting 
victims of Federal crimes. These Proposed Program Guidelines provide 
information specifically with regard to the administration and 
implementation of the VOCA victim compensation grant program as 
authorized in Section 1403 of VOCA, Public Law 98-473, as amended, 
codified at 42 U.S.C. 10602.

Administrative Requirements

Paperwork Reduction Act

    OVC certifies that these Proposed Program Guidelines will not 
impose additional reporting or recordkeeping requirements under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Summary of Proposed Changes to the 1997 Guidelines

A. Introduction

    These Proposed Program Guidelines, which revise the previously 
issued Victims of Crime Act Victim Compensation Grant Program Final 
Program Guidelines (1997 Guidelines), 62 FR 7050-03 (Feb. 14, 1997), 
1997 WL 60136, are in accordance with VOCA. These Proposed Program 
Guidelines are all inclusive. Thus, they supersede any Guidelines 
previously issued by OVC, including the previously issued 1997 
Guidelines. The changes contained in these Proposed Program Guidelines 
result from developments in the criminal justice and victim services 
fields since the 1997 Guidelines were issued and from an extensive 
solicitation of feedback from the field.

B. Encouraged Changes in Coverage by States

    OVC acknowledges that the range of compensable expenses varies 
based upon a state's particular program statute, rulemaking, policy, or 
procedure. In addition to the crimes and expenses mandated by VOCA, OVC 
encourages states to cover additional victims and expenses not 
previously considered in the 1997 Guidelines.
    In particular, these Proposed Program Guidelines encourage states 
to use their state compensation funds for crimes not traditionally 
funded by state programs; i.e., crimes that involve threat but not 
actual physical injury or death; economic crime; crimes against United 
States residents abroad and on international waters; and crimes 
perpetrated through technology such as child exploitation, stalking, 
cybercrime, and fraud over the Internet.
    These Proposed Program Guidelines would encourage states to cover 
victims of crime who have not been physically injured or killed but who 
have been threatened with injury or death. Such changes would, for 
example, allow for the coverage of victims of stalking, bank robbery, 
hate crime, workplace violence, and others who have escaped injury but 
have experienced the trauma of the event. See Section IV.B.1.
    Federal and state governments have increased the investigation and 
prosecution of economic crime particularly telemarketing fraud, 
insurance scams, identity fraud, and exploitation of the elderly. 
Concurrently, victim services professionals have identified the need to 
develop resources to respond to these victims. As a result, OVC is 
clarifying in these Proposed Program Guidelines that VOCA does not 
prohibit states from providing such coverage for victims of nonviolent 
crime. Because of this, these Proposed Program Guidelines encourage 
states to develop their own guidelines when compensating victims for a 
range of compensable expenses resulting from economic crime, including 
mental health counseling and financial planning. However, in state 
certifications used to capture VOCA funds, the only actual property 
damage or loss that apply are crime scene clean-up, clothing and 
bedding taken for evidence, and replacement or repair of window(s) and 
locks.
    OVC encourages states to expand coverage to victims of crimes 
perpetrated through technology. Compensation programs have 
traditionally covered face to face crimes, but through the Internet, 
stalking, child exploitation, fraud and other crimes can be perpetrated 
without the victim meeting the offender. In addition, these cases may 
be multijurisdictional and so navigating the criminal justice system 
can be more complex than usual for the victim. As the criminal justice 
system increasingly directs resources to these crimes, state crime 
victim compensation programs must build a capacity to adapt to the 
needs of victims of these crimes. Section IV.B.1.a.
    These Proposed Program Guidelines encourage additional states to 
cover residents victimized by crime while outside the territorial 
jurisdiction of the United States (e.g., in foreign countries or on 
international waters) where no other crime victim compensation program 
exists. While VOCA requires that state compensation programs cover 
their residents who are victims of terrorism outside of the territorial 
jurisdiction of the United States, it is silent on the issue of 
residents who are victims of other (non-terrorist) crimes committed 
while they are outside the territorial jurisdiction of the United 
States. OVC encourages state coverage of these victims to assure that 
business persons, tourists, students, and others can access 
compensation when needed. See Section III.B.4.
    In addition, proposed changes contained in these Proposed Program 
Guidelines encourage increased collaboration, cooperation, and 
coordination between states and other organizations serving crime 
victims, including participation in criminal crisis response teams. OVC 
encourages states to increase coordination with VOCA victim assistance 
programs, worker's compensation programs, Medicaid, and other such 
programs that provide financial assistance and services to crime 
victims.

[[Page 57069]]

C. Proposed Substantive Changes and Clarifications

    These Proposed Program Guidelines also propose several substantive 
changes to the 1997 Guidelines, in light of recent legislative 
amendments to VOCA. These Proposed Program Guidelines also propose 
several clarifications to provisions previously set out in the 1997 
Guidelines.
    First, in light of substantive amendments to VOCA with regard to 
the distribution of funds, under certain conditions, additional VOCA 
monies are made available for Child Abuse Prevention and Treatment 
Grants. Also, because of recent VOCA amendments, the VOCA distribution 
formula now provides an allowance for the earmarking of funds by 
Congress annually to be made available for the benefit of crime victims 
in the Federal criminal justice system.
    Second, in light of other recent substantive amendments to VOCA, 
regarding coverage for compensable crimes, these Proposed Program 
Guidelines mandate coverage of crimes that involve personal injury or 
death resulting from certain crimes related to religious real property 
and the obstruction of the free practice of religion when these crimes 
are covered by interstate or foreign commerce. In addition, the 
provision covers crimes which involve personal injury or death 
resulting from certain crimes related to religious real property 
because of the race, color, or ethnic characteristics of any individual 
associated with the property. See Section IV.B.1.a.
    Third, these Proposed Program Guidelines contain several changes in 
requirements from and clarifications to the previous 1997 Guidelines. 
Administrative cost provisions in these Proposed Guidelines make clear 
that no state match is required if the state chooses to use up to 5% 
for such costs and supplantation is clarified as it applies to 
administrative cost. Also, allowable costs covered by administrative 
funds are expanded to include monitoring, membership in associations 
other than crime victim compensation associations, and use of 
technology to automate claims processing and allow for Internet access 
to the program by crime victims. Finally, OVC proposes to allow use of 
administrative funds for the development and coordination of criminal 
crisis response teams. See Section VII. A & B.
    Fourth, a further clarification in these Proposed Program 
Guidelines, from the 1997 Guidelines, pertains to ``means testing'' 
required under VOCA. Under ``means testing,'' VOCA prohibits Federal, 
state, or local government programs that use Federal funds from 
including victim compensation benefits when determining income 
eligibility for an applicant, until the total amount of medical or 
other assistance that the applicant receives from all programs is 
sufficient to fully compensate the applicant for losses suffered as a 
result of the crime. Under VOCA, the OVC Director is given the 
authority to determine whether such medical or other assistance is 
needed by an applicant. Through these Proposed Program Guidelines, the 
Director's authority would be delegated to state VOCA compensation 
administrators. This proposed clarification regarding ``means 
testings'' affects Medicaid, Veteran's Administration, Supplemental 
Security Income and other programs. See Section IV.C.1.
    Fifth, these Proposed Program Guidelines propose to supplement 
information in the 1997 Guidelines regarding state compensation program 
coverage of international terrorism and of the VOCA Emergency Reserve 
Fund. These Proposed Program Guidelines propose to include information 
required of state programs in applying for supplemental grants. See 
Sections II.A.3.d and IX. In addition, OVC proposes to encourage states 
to cover additional expenses that crime victims of international 
terrorism face.
    Sixth, these Proposed Program Guidelines propose to supplement 
information in the 1997 Guidelines regarding compensable expenses under 
VOCA, specifically pertaining to any medically-necessary building 
adaptations or modifications. These Proposed Program Guidelines propose 
to include information regarding requirements for compliance with the 
National Historic Preservation Act,16 U.S.C. Sec. 470 et seq., when a 
compensation applicant wishes to use VOCA funds for making minor 
building adaptations or modifications.
    Finally, these Proposed Program Guidelines add new definitions to 
those previously delineated in the 1997 Guidelines. Furthermore, other 
definitions in these Proposed Program Guidelines serve to reiterate or 
clarify those contained in the 1997 Guidelines.

D. Proposed Technical Changes

    These Proposed Program Guidelines propose several technical changes 
to the 1997 Guidelines, also. Specifically, the 1997 Guidelines 
included financial requirements that, within the Office of Justice 
Programs (OJP), come under the oversight and responsibility of OJP's 
Office of the Comptroller. While these financial requirements remain 
fully in effect, in order to eliminate redundancy and duplication of 
responsibility, these Proposed Program Guidelines require states to 
comply with the OJP Financial Guide but do not duplicate the contents 
of that Guide.
    Similarly, the 1997 Guidelines included civil rights requirements 
that, within the Office of Justice Programs (OJP), come under the 
responsibility of OJP's Office for Civil Rights (OCR). While these 
nondiscrimination and other civil rights requirements remain fully in 
effect, in order to eliminate redundancy and duplication of 
responsibility, these Proposed Program Guidelines recite the language 
contained in the nondiscrimination provision in VOCA.
    There are several additional technical revisions to these Proposed 
Program Guidelines, which depart from the format of the 1997 
Guidelines. These proposed changes, however, would not affect policy or 
implementation of VOCA victim compensation program provisions. Rather, 
they are intended to reorganize information in these Proposed Program 
Guidelines for ease of reference and use.

Summary Outline of Proposed Program Guidelines

    These Proposed Program Guidelines contain the following subject 
matter areas broken down as follows:

I. Definitions;
II. Background and State Regulations;
III. Funding Allocations;
IV. State Eligibility Criteria;
V. State Certification;
VI. Application Process;
VII. Administrative Costs;
VIII. Financial Requirements;
IX. Mass Violence and Terrorism;
X. Monitoring; and
XI. Suspension and Termination of Funding.

Guidelines for Crime Victim Compensation Grants

I. Definitions

    A. Child Exploitation. The sexual victimization of a minor under 
the age of 18 involving child pornography, child prostitution, or 
computer solicitation. Child exploitation does not necessarily involve 
commercial or monetary gain.
    B. Cybercrime. For purposes of these Guidelines, cybercrime is a 
crime in which computers are used to facilitate traditional criminal 
activity (e.g., fraud, stalking, child exploitation or extortion).
    C. Driving While Intoxicated. This includes drunk driving and 
driving under the influence of alcohol and/or other drugs.

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    D. Federal Crime. A Federal crime is any crime that is a violation 
of the United States Criminal Code or Federal regulations. In general, 
Federal crimes are investigated by Federal law enforcement agencies 
including the Federal Bureau of Investigation (FBI), Drug Enforcement 
Administration (DEA), Bureau of Alcohol, Tobacco and Firearms (ATF), 
U.S. Postal Service, Department of Interior, Secret Service, Customs 
Service, Immigration and Naturalization Service (INS), and the 
investigative agencies of the military services. Federal crimes are 
prosecuted in Federal District Courts by United States Attorneys' 
Offices. Some examples of Federal crimes include crimes:
    1. against Federal officials;
    2. that take place on Federal property, including national parks or 
military bases, certain maritime or territorial jurisdictions, and 
buildings owned or leased by the Federal government;
    3. like bank robbery where the bank is insured or otherwise secured 
by the Federal government;
    4. acts involving interstate activities, such as kidnaping, 
interstate domestic violence, or mail, telephone, or wire fraud; and
    5. on Indian Country or reservations, where the Federal government 
has criminal jurisdiction over the crimes.
    E. Hate Crimes. Crimes that manifest evidence of prejudice based on 
race, religion, physical or mental disability, sexual orientation, 
gender, ethnicity, national origin, color, creed or ancestry.
    F. Mass Violence. Violence inflicted on a large number of persons, 
without regard to whether the act is related to terrorism.
    G. Mental Health Counseling and Care. Mental health counseling and 
care means the assessment, diagnosis, and treatment of an individual's 
mental and emotional functioning that is required to alleviate 
psychological trauma resulting from a compensable crime. Such 
intervention must be provided by a person who meets such standards as 
may be set by the state for victim mental health counseling and care.
    H. Native American Tribe, Indian Tribe or Organization. Any tribe, 
band, nation, or other organized group or community, including any 
Alaska native village or regional or village corporation as defined in 
or pursuant to the Alaska Native Claims Settlement Act [43 
U.S.C.A.Sec. 1601, et seq.], which is recognized as eligible for the 
special programs and services provided by the United States to Native 
Americans because of their status as Indians.
    I. Property Damage and Loss. Property damage is damage to material 
goods. Property loss is destruction of material goods or loss of money, 
stocks, bonds, etc.
    J. Reservation. A tract of land set aside for use of, and occupancy 
by, Native Americans.
    K. Restitution. Payment made by the offender to the victim who was 
injured or killed in the crime. Restitution, however, does not refer to 
the general collection of fines, fees and other penalties from 
offenders which provide the basic revenue for the compensation program 
and are not identifiable to reimbursement of payouts on a specific 
claim.
    L. Terrorism. A violent act or an act dangerous to human life that 
is a violation of the criminal laws of the United States or of any 
state, or that would be a criminal violation if committed within the 
jurisdiction of the United States or any state, and appears to be 
intended to intimidate or coerce a civilian population, to influence 
the policy of a government by intimidation or coercion, or to affect 
the conduct of a government by assassination or kidnaping.

II. Background and State Regulations

    In 1984, the Victims of Crime Act (VOCA) established the Crime 
Victims Fund (Fund) in the United States Treasury to receive deposits 
from fines, penalties, and bond forfeitures levied on criminals 
convicted of federal crimes. The Fund is administered by OVC to support 
the activities mandated by VOCA.
    OVC makes annual VOCA crime victim compensation grants from the 
Fund to eligible states and territories. The primary purpose of these 
grants is to supplement state efforts to provide financial assistance 
and reimbursement to crime victims throughout the Nation for costs 
associated with the crime, and to encourage victim cooperation and 
participation in the criminal justice system.
    States must have in place statutes and/or written rulemakings, 
policies, or procedures by which compensation programs operate. With 
the exception of most property damage or loss, state crime victim 
compensation programs may use VOCA compensation grant funds to pay for 
eligible expenses allowed by state compensation statute, rulemakings, 
policies, or procedures.

III. Funding Allocations

    A. Distribution. The amount of funds available for distribution 
each year is dependent upon the total deposits into the Fund in the 
preceding federal fiscal year. By statute, deposits are to be allocated 
as follows:
    1. Child Abuse Prevention and Treatment Grants. Up to $20 million 
\1\ of the first amounts deposited in the Fund is allocated to Child 
Abuse Prevention and Treatment Grants. 85% of these funds are forwarded 
to the Department of Health and Human Services. The remaining 15% is 
retained by the Office for Victims of Crime to assist Native American 
Indian tribes in developing, establishing and operating programs 
designed to improve:
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    \1\ In any fiscal year in which Fund deposits are greater than 
the amount deposited in Fiscal Year 1998, an amount equal to 50 
percent of the increase in the amount from fiscal year 1998 shall be 
available for Child Abuse Prevention and Treatment Grants in 
addition to the base amount of $10 million. The total amount 
allocated for Child Abuse Prevention and Treatment grants for any 
fiscal year can not exceed $20 million.
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    a. The handling of child abuse cases, particularly cases of child 
sexual abuse, in a manner which limits additional trauma to the child 
victim; and
    b. The investigation and prosecution of cases of child abuse, 
particularly child sexual abuse.
    2. Federal Criminal Justice System. Specific amounts are earmarked 
by Congress annually to be made available for improving services for 
the benefit of crime victims in the Federal criminal justice system.
    3. Remaining Fund Deposits. The remaining fund deposits are to be 
distributed as follows:
    a. Victim Compensation Grants. 48.5 percent are available to 
eligible state programs for crime victim compensation.
    b. Victim Assistance Grants. 48.5 percent are available to states 
for victim assistance grants. Unused funds from the victim compensation 
portion of the deposits are added to this amount.
    c. Discretionary Grants. 3 percent is available to OVC for 
demonstration projects, training and technical assistance grants and 
for the financial support of services to victims of Federal crime.
    d. Emergency Reserve Funds. If monies in the Fund are sufficient to 
fully provide VOCA grants to the States, and deposits total 110% of the 
previous fiscal year, the OVC director may retain up to $50,000,000 in 
an emergency reserve fund. These funds are to be used for:
    (1) Use for Victims of Terrorism Outside the United States. Reserve 
funds may be used to award supplemental grants to States at the 
discretion of the OVC Director, to provide compensation and assistance 
to state residents who are victims of terrorism while outside the 
country. Victims are not eligible for these funds

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if they are covered for compensation under Title VIII of the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986. Consequently, 
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 
are not eligible for VOCA compensation. Similarly, dependent family 
members of such persons are not eligible for VOCA compensation.
    (2) Use for Victims of Terrorism Within the United States. Reserve 
funds may be used to award supplemental grants to states at the 
discretion of the OVC Director, to provide compensation and assistance 
to victims of terrorism and mass violence within their states. These 
supplemental grants are to provide emergency relief, including crisis 
response efforts, assistance, training, and technical assistance. 
Reserve funds may also be provided to United States Attorney's Offices 
for use in coordination with state victim compensation and assistance 
efforts in providing emergency relief for domestic terrorism and mass 
casualty victims.
    (3) Use for State Compensation and Assistance Programs. Reserve 
funds may be used to supplement basic state compensation and assistance 
awards, at the discretion of the OVC Director. The OVC Director may 
also use the Reserve Fund to offset fluctuations in Fund deposits for 
state compensation and assistance programs.
    B. Grant Period. Victim compensation grant funds are available for 
expenditure throughout the fiscal year (FY) of award plus the next 
three fiscal years. The federal fiscal year (FFY) begins on October 1 
and ends on September 30. State crime victim compensation programs may 
pay compensation claims retroactively to October 1, even though the 
VOCA grant may not be awarded until later in the grant period.
    C. Grant Deobligations. When State grantees fail to obligate all 
funds by the end of a grant period, deobligated amounts up to a total 
of $500,000, are returned to the Fund. Deobligated amounts in excess of 
$500,000 are deposited into the U.S. Treasury for other Federal 
government purposes.
    D. Availability of Funds: VOCA Victim Compensation Grant Formula. 
The Director of OVC is required to make an annual grant to eligible 
crime victim compensation programs that is equal to 40 percent of the 
amount awarded by the state program to victims of crime from state 
revenues during the fiscal year preceding the year of deposits in the 
Fund (two years prior to the grant year). If the amount in the Fund is 
insufficient to award each state 40 percent of its prior year's 
compensation payout from state revenues/contributions, all states will 
be awarded the same reduced percentage of their prior year payout from 
the available funds.
    To determine the amount available, each state must submit with its 
annual application a certification of the amount expended in the year 
preceding deposits into the Fund. Amounts paid to compensate victims 
for property damage or loss cannot be included in the state's 
certification unless the payment falls within these exceptions: (1) 
Replacement or repair of windows and locks; (2) crime scene clean-up; 
and (3) the replacement of emergency items such as prescription 
medicines, eyeglasses and other minimal costs associated with the 
replacement of items that have been taken as evidence.

IV. State Eligibility Criteria

    A. Grantee. The grantee must be an operational state-administered 
crime victim compensation program. The term ``state'' includes the 
District of Columbia, the Virgin Islands, Guam and any other possession 
or territory of the United States. A new compensation program is 
entitled to a VOCA grant after it has awarded benefits that can be 
matched under VOCA. VOCA may not be used as ``start-up'' funds for a 
new state compensation program. In the event that a state chooses to 
administer this program in a de-centralized fashion, the state remains 
accountable to VOCA for expenditure of these funds.
    B. Program Requirements. For a state to meet or maintain 
eligibility for a crime victims compensation grant, it must satisfy the 
following requirements:
    1. Compensable Crimes and Expenses.
    (a) Crimes. At a minimum, VOCA specifically requires the grantee to 
offer compensation to crime victims and survivors of victims of 
criminal violence compensation for certain identified expenses (see 
below) resulting from physical injury from a ``compensable crime'' as 
defined by the state. VOCA requires that states include as compensable 
crimes those crimes whose victims suffer death or personal injury as a 
result of terrorism, driving while intoxicated, and domestic violence.
    In addition, VOCA requires that states include as compensable 
crimes those crimes whose victims suffer death or personal injury as a 
result of the intentional or attempted defacement, damage, or 
destruction of any religious real property because of its religious 
character or the obstruction, by force or threat of force, any persons' 
enjoyment of the free exercise of religious beliefs when the crime is 
covered by interstate or foreign commerce. VOCA also requires that 
states include as compensable crimes those crimes whose victims suffer 
death or personal injury as a result of the intentional or attempted 
defacement, damage, or destruction of any religious real property 
because of the race, color, or ethnic characteristics of any individual 
associated with the religious property.
    OVC encourages state grantees to examine the range of crimes 
covered by their crime victim compensation programs, and to seek to 
broaden crimes covered to include: crimes involving threats of personal 
injury (in addition to crimes involving actual physical injury) such as 
victims of stalking, child exploitation through the Internet, bank 
robberies, financial and telecommunications fraud, economic crime, 
cybercrime, hate crime, workplace violence, and other victims who are 
traumatized by a crime but are not physically injured.
    (b) VOCA Mandated Expenses. At a minimum, VOCA requires States to 
award compensation for--
    i. medical expenses attributable to physical injury resulting from 
a compensable crime to include eyeglasses and other corrective lenses, 
dental services, prosthetic devices, and other services rendered in 
accordance with a method of healing recognized by the law of the State;
    ii. mental health counseling and care attributable to a compensable 
crime; such intervention must be provided by a person who meets such 
standards as may be set by the state for victim mental health 
counseling and care.
    iii. loss of wages attributable to a physical injury resulting from 
a compensable crime; and
    iv. funeral expenses attributable to a death resulting from a 
compensable crime.
    State grantees may offer compensation for other types of expenses, 
including property damage and loss. It should be noted, however, that 
amounts awarded for property damage and loss cannot be included in the 
amount certified as a basis for the award of VOCA compensation grants 
(see Section III.D. for exceptions to this requirement).
    (c) Additional Recommended Expenses for All Crime Victims. OVC 
encourages states to make compensation benefits available for other 
compensable expenses, as deemed by state statute, rulemaking, policy, 
or procedure, such as:
    i. Financial planning services for victims of economic crime, 
domestic

[[Page 57072]]

violence, and survivors of homicide victims. Financial planning must be 
provided by a person who meets State standards for provision of this 
service.
    ii. Travel and transport for survivors of homicide victims to 
secure bodies of deceased victims from another country or state.
    iii. Temporary lodging for domestic violence victims.
    iv. Crime scene clean up.
    v. Replacement costs for clothing and bedding held as evidence, and 
replacement or repair of windows and locks.
    vi. Medically-necessary building modification and medically-
necessary devices. With regard to medically-necessary building 
modifications, VOCA funds used to make minor building adaptations and 
modifications (e.g., access ramps for persons with mobility-impaired-
based disabilities) must comply with the requirements under the 
National Historic Preservation Act (NHPA), 16 U.S.C. Sec. 470. For more 
information regarding NHPA compliance requirements, see the VOCA Victim 
Compensation Application Kit.
    vii. Attorneys' fees related to a crime victim's claim for 
compensation.
    viii. Payments related to forensic sexual assault examinations--
even if the crime victim did not report the crime to law enforcement, 
and even if such payments are made from funds administered by the 
compensation programs and are allowable under state statute, 
rulemaking, policy, or procedure.
    ix. Payments for forensic interviews and other services provided by 
child advocacy centers which meet the standards of the National 
Children's Alliance or other standards accepted by the state.
    x. Child and respite care for dependents of crime victims and 
survivors of homicide to allow them to participate in criminal justice 
activities.
    xi. Mental health counseling and care. OVC encourages states to 
extend mental health counseling and care services to victims of 
economic crimes who oftentimes suffer mental distress and guilt 
following the loss of income and savings in financial fraud cases.
    (d) Additional Recommended Expenses for Victims of Terrorist Acts. 
OVC encourages states to make additional compensation benefits 
available, according to state statute, rulemaking, policy, or 
procedure, for victims of terrorism outside the jurisdiction of the 
U.S., such as:
    i. Transportation to relocation site for injured victim and family 
members who wish to leave the city or country of the terrorist attack.
    ii. Telephone bills related to communicating with family members 
outside the territorial jurisdiction of the United States (e.g., 
abroad) following a terrorist attack; and
    iii. Attorneys' fees related to assisting a claimant in settling an 
estate, particularly if it involves another country, and obtaining 
benefits or documents such as government and/or private life insurance, 
retirement annuities, Social Security Benefits, Victim Compensation in 
foreign country.
    2. Victim Cooperation with Law Enforcement.
    Crime victim compensation programs must promote victim cooperation 
with the reasonable requests of law enforcement authorities.
    State crime victim compensation programs maintain the authority and 
discretion to establish their own standards for victim cooperation with 
the reasonable requests of law enforcement. OVC encourages state 
compensation program staff to meet with victims and advocates to review 
whether state statutes and state program guidelines and policies are 
responsive to the needs of crime victims and to determine possible 
issues that might affect a victim's cooperation with law enforcement.
    A crime victims' willingness to cooperate may be affected by 
compelling health or safety concerns including apprehension about 
personal safety, fear of retaliation, and intimidation by the offender 
or others. Crime victims may be reluctant to cooperate fully with law 
enforcement after receiving threats of violence or death against 
themselves and their families from the offender.
    Age, psychological, cultural, or linguistic barriers may affect the 
victim's ability to cooperate with law enforcement. There may be unique 
barriers deterring a young child or senior citizen from complying fully 
with law enforcement. Embarrassment, shame and the psychological trauma 
may delay the reporting of sexual assault. Cultural and language 
differences may diminish a victim's access to and understanding of the 
criminal justice system. In setting the standard for victim cooperation 
with law enforcement, OVC encourages state programs to determine how to 
address these considerations.
    VOCA's ``cooperation with the reasonable requests of law 
enforcement'' requirement may be fulfilled by utilizing the following 
criteria or by any other criteria the state believes is necessary to 
encourage victim cooperation with law enforcement. For example, a state 
may:
    a. Require a victim to report the crime to a law enforcement 
agency;
    b. Require a victim to report the crime to an appropriate 
governmental agency, such as child and/or adult protective services, 
family court, or juvenile court; or
    c. Accept proof of the completion of a medical evidentiary 
examination, such as medical reports, x-rays, medical photographs, as 
well as other clinical assessments as evidence of cooperation with law 
enforcement in cases involving sexual assault or abuse.
    3. Non Supplantation.
    The state must certify that grants received under VOCA will not be 
used to supplant state funds otherwise available to provide crime 
victim compensation benefits or to administer the state crime victim 
compensation program. States may not decrease their financial 
commitment to crime victim compensation solely because they are 
receiving VOCA funds for the same purpose.
    4. Compensation for Residents Victimized Outside Their Own State.
    A state must provide compensation to state residents who are 
victims of crimes occurring outside the state if the crimes would be 
``compensable crimes'' had they occurred inside that state; and the 
crimes (1) occurred in a state without an eligible VOCA crime victim 
compensation program, or (2) in cases of terrorism (as defined in 18 
U.S.C. Sec. 2331), occurred outside the territorial jurisdiction of the 
United States. The state must make these awards according to the same 
criteria used to make awards to those who are victimized while in the 
state.
    In addition, OVC encourages states to provide compensation to state 
residents who are victims of crimes other than terrorism while outside 
the territorial jurisdiction of the United States. This policy would 
allow coverage for state residents, such as tourists, students or 
business personnel, who are victims of crime in locations outside the 
territorial jurisdiction of the United States where no crime victim 
compensation program exists.
    5. Compensation for Non-residents of a State.
    The state must make compensation awards to non-resident crime 
victims for compensable expenses according to the same criteria used to 
make awards to victims who are residents of the State. For purposes of 
this provision, the term ``non-resident'' must, at a minimum, include 
anyone who is a resident of one of the United States. A state may, at 
its discretion, broaden its definition of non-

[[Page 57073]]

resident to include anyone victimized in the state regardless of 
whether the victim is a United States resident.
    6. Victims of Federal Crime.
    The state must provide compensation to victims of federal crimes 
occurring within the state on the same basis that the program provides 
compensation to victims of state crimes.
    7. Unjust Enrichment.
    States cannot deny compensation to a victim based on the victim's 
familial relationship to the offender or because the victim shares a 
residence with the offender. States must adapt a rule or written policy 
or procedure to avoid unjust enrichment of the offender, but they 
cannot have the effect of denying compensation to a substantial 
percentage of victims of violence by family members or others with whom 
the victim shares a residence. In developing rulemakings, or written 
policies or procedures, states are encouraged to consider the 
following:
    a. The legal responsibilities of the offender to the victim under 
the laws of the state and collateral resources available to the victim 
from the offender. For example, legal responsibilities of the offender 
may include court-ordered restitution or family support under the 
domestic, marital property or child support laws of the state. 
Collateral resources may include insurance or pension benefits 
available to the offender to cover the costs incurred by the victim as 
a result of the crime. As with other crimes, however, victims of family 
violence must not be penalized when collateral sources of payment are 
not viable. Examples of such situations include when the offender 
refuses to, or cannot, pay restitution or other civil judgments within 
a reasonable period of time or when the offender impedes direct or 
third party (i.e., insurance) payments.
    b. Payments to victims of family violence which only minimally or 
inconsequentially benefit offenders are not considered unjust 
enrichment. For example, denial of medical or dental expenses solely 
because the offender has legal responsibility for the charges, but is 
unwilling or unable to pay them, could result in the victim's not 
receiving treatment. The state must consider paying these expenses. If 
necessary, the state has the option of seeking reimbursement from the 
offender.
    c. Consultation with social services and other concerned 
governmental entities, as well as with private organizations that 
support and advocate on behalf of victims of violence from family 
members.
    d. The special needs of child victims of criminal violence, 
especially when the perpetrator is a parent who may or may not have 
lived in the same residence, and of child witnesses to violence.
    8. Discrimination Prohibited.
    No person shall on the grounds of race, color, religion, national 
origin, handicap, or sex be excluded from participation in, denied the 
benefits of, subjected to discrimination under, or denied employment in 
connection with, any undertaking funded in whole or in part with sums 
made available under VOCA. States and subgrantees in a decentralized 
system must comply with these VOCA nondiscrimination requirements, the 
Federal civil rights statutes and regulations cited in the Assurances 
that accompany the grant award document, and all other applicable civil 
rights requirements.
    9. Other Information Requested by the OVC Director.
    The state must provide such other information and assurances as the 
Director of OVC may reasonably require.

C. VOCA Funds and Collateral Federal Programs

    1. Means Testing. Federal, state, or local government programs that 
use Federal funds are prohibited from including victim compensation 
benefits when determining income eligibility for an applicant, until 
the total amount of medical or other assistance that the applicant 
receives from all programs is sufficient to fully compensate the 
applicant for losses suffered as a result of the crime. VOCA requires 
this policy when an applicant needs medical or other assistance, in 
full or in part, because of the commission of a crime against the 
applicant. VOCA gives the OVC Director authority to determine whether 
such medical or other assistance is needed by an applicant for victim 
compensation. Through these Proposed Program Guidelines, the Director's 
authority is delegated to State VOCA compensation administrators.
    2. Payor of Last Resort. The compensation program is the payor of 
last resort with regard to Federal or Federally financed programs. When 
a victim is eligible to receive benefits from a Federal program or 
Federally financed state or local program, such as Medicaid, Medicare, 
Social Security Disability, and Veterans' Benefits, the state 
compensation program shall not use VOCA funds to pay costs that another 
Federal or Federally financed programs covers. Additionally, the 
Federal or Federally financed program must make payments without regard 
to benefits awarded to a crime victim by a state crime victim 
compensation program.
    In addition, OVC encourages VOCA compensation administrators to 
coordinate their activities with such other programs that provide 
financial assistance and services to crime victims, whether funded by 
Federal, State or local governments. Examples of such programs include 
Worker's Compensation programs, vocational rehabilitation programs and 
VOCA victim assistance subgrantee programs. Outreach to other programs 
can result in mutual understanding of eligibility requirements, 
application processing, time lines, and other program specific 
requirements. Administrators are also encouraged to refer applicants to 
other programs when those programs can cover applicant expenses or 
provide services. As payor of last resort, it is in the compensation 
program's discretion to make exception for victim needs that are not 
adequately met by other collateral sources.

V. State Certifications

    State grantees must provide information about crime victim 
compensation claims payouts including all available funding sources, 
deductions, and recovery costs on the certification form. The U.S. 
Department of Justice, Office of Justice Programs uses this information 
to calculate allocations for VOCA eligible crime victim compensation 
programs.
    A. Program Revenue. States must report on the certification form 
all sources of revenue to the crime victims compensation program during 
the Federal Fiscal Year. In some instances, funds are made available to 
the crime victim compensation program from other departments or 
agencies, from supplemental appropriations, donations, or unspent funds 
carried over from prior years. The amount of certified revenue, 
excluding VOCA funds, but including all other sources, including 
carried over funds, must meet or exceed the amount of certified 
payments to crime victims.
    B. Program Expenditures. The total amount to be certified by the 
state program must include only those amounts paid from state funding 
sources to or on behalf of crime victims during the Federal Fiscal Year 
(October 1 to September 30), excluding property damage or loss.
    C. Amounts to be Included. The types of expenses for which states 
may award crime victims compensation vary nationwide. However, all 
states must award compensation for medical expenses, including mental 
health counseling and care, loss of wages, and funeral expenses.

[[Page 57074]]

    Compensable expenses to be included in the annual certification 
must be authorized by state statute, rulemaking, policy, or procedure, 
providing there is authority in state law. States may include expenses, 
not specifically identified in VOCA, such as pain and suffering; 
annuities for child victims for loss of support; and other costs listed 
under Part IV.B. of these Proposed Program Guidelines. Included as 
exceptions to the property damage and loss prohibitions are: crime 
scene clean up; replacement or repair of windows and locks; replacement 
costs for items held as evidence.
    State grantees may include payments related to forensic sexual 
assault examinations, even if the victim did not report the crime to 
law enforcement, and if such payments are made from funds administered 
by the compensation program and are allowable under the state's 
statute, rulemaking, policy, or procedure. State grantees may also 
include payments for forensic interviews and other services provided by 
child advocacy centers which meet the standards of the National 
Children's Alliance, or other standards accepted by the State.
    D. Amounts to be Excluded. State grantees must exclude in the 
certification VOCA grant funds; compensation for property damage or 
loss except for items found in Parts IV.B.1.c)iv and IV.B.1.c)v of 
these Proposed Program Guidelines; audit costs; personnel costs; 
collection of offender fines, fees, penalties and other revenues which 
provide basic program funding; and, any other program administrative 
costs.
    E. Deductions. Deductions are receipts or refunds which offset or 
reduce expense items that are allocable to a particular crime victim 
compensation claim. These include funds received through a state's 
subrogation interest in a claimant's civil law suit recovery, 
restitution, refunds, or other reimbursements. For purposes of 
applicable credits, the term ``restitution'' means payment made by the 
offender to the victim who was injured or killed in the crime.
    ``Restitution'' does not refer to the general collection of fines, 
fees and other penalties from offenders which provide the basic revenue 
for the compensation program and are not identifiable to reimbursement 
of payouts on a specific claim. Refunds include amounts from 
overpayment, erroneous payments made to claimants, uncashed checks, 
etc. Additional guidance regarding applicable credits can be found in 
OMB Circular A-87, ``Cost Principles for State and Local Governments.''
    F. Recovery Costs. Salary and benefits costs for personnel directly 
involved in recovery efforts may be offset against the amount of income 
received from such reimbursement. Recovery efforts are those activities 
which are directly attributable to obtaining restitution, refunds, and 
other reimbursements for the expenses of specific crime victims who 
have received compensation from the state program. Expenses shall be 
limited to the percentage of those salaries and benefits incurred by 
the state for individual employees whose primary responsibilities (not 
less than 75 percent of each individual employee's work time) are 
directly and specifically related to recovering restitution and other 
reimbursements on behalf of compensated victims. Additional allowable 
recovery costs are garnishment fees, service of legal documents, legal 
publication and subpoena fees related to collecting reimbursements. 
Recovery costs can not be claimed for employees whose salary and 
benefits are derived from federal administrative grant funds. Recovery 
costs do not include the collection of fines, fees and other penalties 
which provide the basic revenue for the compensation program and are 
not identifiable to reimbursement of payouts on a specific victim 
claim.
    G. Source of Payments to Crime Victims. There is no financial 
requirement that state compensation programs identify the source of 
individual payments to crime victims as either federal or state 
dollars, nor is there any requirement that restitution recoveries or 
other refunds be tracked to federal or state dollars paid out to the 
victim.
    H. Incorrect Certifications. If it is determined that a state has 
made an incorrect certification of payments of crime victims 
compensation from state funding sources and a VOCA crime victim 
compensation grant is awarded in error, one of the following two 
courses of action will be taken:
    1. Over Certification. In the event that an over certification 
comes to the attention of OVC or the Office of the Comptroller, OJP, 
the necessary steps will be taken to recover funds which were awarded 
in error. OVC does not have the authority to permit states to keep 
amounts they were not entitled to as a result of over certification. 
Generally, it is the policy of OVC to reduce the amount of the 
subsequent year VOCA victim compensation award by the amount of the 
overpayment.
    2. Under Certification. If a state under-certifies amounts paid to 
crime victims, OVC and the Office of the Comptroller, OJP, will not 
supplement payments to the state to correct the state's error since 
this would require recalculating allocations to every state VOCA 
compensation and assistance program and cause disruption in 
administration of these programs.

VI. Application Process

    A. Application for Federal Assistance. Each year, OVC issues to 
each eligible state an Application Kit which contains the necessary 
forms and detailed information required to make application for VOCA 
crime victim compensation grant funds. The amount for which each state 
may apply is included in the Application Kit. States shall use the 
Standard Form 424, Application for Federal Assistance, and its 
attachments to apply for VOCA victim compensation grant funds. 
Applications for VOCA crime victim compensation grants may only be 
submitted by the state agency designated by the Governor to administer 
the VOCA victim compensation program and grant.
    Completed applications must be submitted on or before the stated 
deadline, as determined by OVC. If an eligible state fails to apply for 
its crime victim compensation allocation by the prescribed deadline, 
OVC will redistribute federal VOCA crime victim compensation dollars to 
the VOCA victim assistance grant program, after all states have 
received the statutorily prescribed percentage of their prior years 
payout.
    B. Program Reporting Requirements: Annual Performance Report. 
States receiving VOCA crime victim compensation grant funds must submit 
an annual OVC Performance Report. The Performance Report is due January 
15 of each year for the preceding Federal fiscal year.

VII. Administrative Costs

    A. Administrative Cost Allowance. VOCA allows, at state discretion, 
up to five percent of crime victim compensation grant funds to be used 
for administering the crime victim compensation grant program. Any 
portion of the allowable five percent which is not used for 
administrative purposes must be used for awards of compensation to 
crime victims.
    The intent of this provision is to support and advance program 
administration in all operational areas including claims processing, 
staff development and training, public outreach, and program funding by 
supporting activities that will improve program effectiveness and 
service to

[[Page 57075]]

crime victims. If a state elects to use up to five percent of the VOCA 
compensation grant for administrative purposes, only those costs 
directly associated with administering the program and enhancing 
overall program operations ensuring compliance with federal 
requirements can be paid with administrative grant funds. State 
grantees are not required to match the portion of the grant that is 
used for administrative purposes. The state administrative agency may 
charge a federally approved indirect cost rate to this grant, but this 
cost is capped by the limits of these five percent administrative 
funds.
    States must certify that VOCA funds used for administrative 
purposes will not supplant state or local funds but will increase the 
amount of funds that are available for administering the compensation 
program. For the purpose of establishing a baseline level of effort, 
states must maintain documentation on the overall administrative 
commitment of the state prior to their use of VOCA administrative grant 
funds. State grantees will not be in violation of the non-supplantation 
clause if there is a decrease in the state's previous financial 
commitment towards the 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; and (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. State grantees using administrative funds must notify OVC if 
there is a decrease in the amount of its previous state financial 
commitment to the cost of administering the VOCA program.
    Only staff activities directly related to compensation functions 
can be funded with VOCA administrative funds. Similarly, any equipment 
purchases or other expenditures charged to the VOCA administrative 
funds can only be charged proportionate to the percentage of time 
utilized by the compensation program.
    B. Allowable Costs. Allowable administrative costs include but are 
not limited to the following:
    1. Salaries and benefits for staff and consultant fees to 
administer and manage the financial and programmatic aspects of the 
crime victim compensation program and federal funding. Staff supported 
by administrative funds under the VOCA crime victim compensation grant 
must work directly for the compensation program in the same proportion 
as their level of support from VOCA grant funds. If the staff performs 
other functions unrelated to the provision of compensation to crime 
victims, the proportion of time working on the compensation program 
must be documented using some reasonable method of valuation at regular 
measurable intervals; e.g., time and attendance records. The 
documentation must provide a clear audit trail for the expenditure of 
grant funds.
    Temporary or periodic personnel support, such as qualified peer 
reviewers for medical and mental health claims, and data processing 
support services are also allowable. These services may be obtained 
through means deemed acceptable by state administrative procedures.
    2. Training and technical assistance. Attendance at training and 
technical assistance meetings and conferences that address issues 
relevant to state administration of victim compensation programs. 
Allowable costs may include travel, registration fees and other such 
expenses.
    3. Monitor compliance with Federal and state requirements.
    4. Automation including study, design and implementation of claims 
processing and other relevant systems; purchase and maintenance of 
equipment for the state grantee, including computers, software, FAX 
machines, copying machines and TTY's; and services required to support 
the use of technology to enhance services to crime victims.
    5. Delivery of training to victim services providers, criminal 
justice personnel, and health and mental health, and social services 
providers about the crime victim compensation program. Training may 
include information on application, eligibility requirements and 
compensable expenses.
    6. Memberships in crime victim organizations and victim-related 
informational materials.
    7. Prorated program audit costs for the crime victim compensation 
program.
    8. Indirect costs at a federally approved rate that when applied, 
does not exceed the 5 percent administrative cost allowance.
    9. Participation in improving coordination efforts on behalf of 
crime victims with other Federal, state, and local agencies and 
organizations. This includes development of protocols, policies, and 
procedures that promote coordination of victim compensation with other 
financial and services programs that improve responses to crime 
victims. Such participation includes the development and coordination 
of criminal crisis response teams.
    10. Informational materials including development of applications, 
brochures, posters, training manuals and other relevant publications 
which describe the compensation application process, eligibility 
criteria, and range of benefits available for crime victims. This 
includes related printing costs.
    11. Development of strategic and financial plans, conduct of 
surveys, needs assessments and examination of victim satisfaction with 
the program, as well as the use of technology to map victim services.
    12. Toll-free telephone numbers, Internet access to claim 
information, and other such program enhancements.
    C. Requirement to Notify OVC of Use of Administrative Funds. State 
grantees that elect to utilize administrative funds under the VOCA 
compensation grant are required to include with their annual 
application notification of their intent to use administrative funds; 
i.e., the percentage of funds, and the purposes for which they will be 
used. Grantees will be expected to include in their annual performance 
report documentation of actual use of administrative funds.
    D. Confidentiality of Research Information. Except as otherwise 
provided by Federal law, no officer or employee of the Federal 
Government or recipient of monies under VOCA shall use or reveal any 
research or statistical information gathered 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.
    This provision is intended, among other things, to assure the 
confidentiality of information provided by crime victims to employees 
of VOCA-funded victim compensation programs. However, 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 a suspected child abuse. See Pennhurst

[[Page 57076]]

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

VIII. Financial Requirements

    As a condition of receiving a grant, states must agree to insure 
adherence to the general and specific requirements of the OJP Financial 
Guide and all applicable OMB Circulars and Common Rules. This includes 
the maintenance of books and records in accordance with generally 
accepted government accounting principles. For copies of the OJP 
Financial Guide, call or write the OJP Office of the Comptroller, 810 
7th Street NW, Washington, DC 20531, Customer Service Center 1/800-458-
0786; or visit the website at: http://www.ojp.usdoj.gov/FinGuide/.

IX. Mass Violence and Terrorism

    A. Criminal Crisis Response. VOCA crime victim compensation 
grantees are encouraged to participate in state activities that prepare 
for and respond to mass violence and to terrorist acts, including 
working with the designated emergency preparedness organizations in 
state government. This also includes working with the VOCA victim 
assistance state grantee, community-based crime victim assistance 
programs, and other institutions such as schools on protocols for 
responding to victims of terrorist incidents. Administrative dollars 
can be used for these purposes by state grantees.
    B. Emergency Reserve Funds. The Director of OVC may supplement 
crime victim compensation programs for costs associated with mass 
violence or terrorism to provide emergency relief, including crisis 
response efforts, assistance, training, and technical assistance. When 
a supplement is needed, OVC will utilize the state grantees' current 
fiscal year application as a base application in order to allow for an 
abbreviated and expedited means to supplement funding. When a mass 
violence or terrorist act occurs, an OVC staff person and the VOCA 
administrator will communicate concerning the need for technical 
assistance and for emergency reserve funds, if needed. If the OVC 
Director decides that supplemental Federal funding is needed, the State 
grantee must submit the Standard Form 424, Application for Federal 
Assistance and its attachments to apply for funds. When considering 
whether to award a supplemental grant, the OVC Director will consider, 
among other factors:
    1. The numbers of victims injured or killed.
    2. The impact on a community.
    3. The resource limitations of the state and the community to meet 
the needs resulting from the mass violence or terrorist act.
    4. The projected amount of supplemental funding needed as well as 
the period of time for which funding is needed.
    C. Grant Period. Supplemental victim compensation grant funds are 
available for expenditure throughout the fiscal year of award plus the 
next three fiscal years. The federal fiscal year begins on October 1 
and ends on September 30.

X. Monitoring

    A. Office of the Comptroller/General Accounting Office/Office of 
the Inspector General. The U.S. Department of Justice, Office of 
Justice Programs, Office of the Comptroller; the General Accounting 
Office; and the U.S. Department of Justice, Office of the Inspector 
General, conduct periodic reviews of the financial policies and 
procedures and records of VOCA state grantees. Therefore, upon request, 
states must provide authorized representatives with access to examine 
all records, books, papers, case files, or other documents related to 
the expenditure of funds received under this grant.
    B. Office for Victims of Crime. OVC conducts on-site monitoring in 
accordance with its monitoring plan. While on site, OVC personnel 
review various documents and files including: (1) program manuals; (2) 
procedures; (3) program reports; (4) claimant application, eligibility 
requirements, determination and appeal processes; (5) a random sampling 
of victim compensation claim files; and (6) other applicable state 
records and files. Grantees are notified in writing of their compliance 
with requirements of VOCA.

XI. Suspension and Termination of Funding

    If, after reasonable notice to the grantee, OVC finds that a state 
has failed to comply substantially with VOCA, the state's application 
for funding, the OJP Financial Guide (effective edition), the Final 
Program Guidelines, or any implementing regulation or Federal 
requirements, OVC may suspend or terminate funding to the state and/or 
take other appropriate action. Under the procedures of 28 CFR Part 18, 
states may request a hearing on the record on the justification for the 
suspension and/or termination of VOCA funds.

    Dated: September 12, 2000.
Kathryn M. Turman,
Director, Office for Victims of Crime.
[FR Doc. 00-23790 Filed 9-19-00; 8:45 am]
BILLING CODE 4401-18-P