[Federal Register Volume 66, Number 63 (Monday, April 2, 2001)]
[Notices]
[Pages 17577-17583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8044]


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DEPARTMENT OF JUSTICE

Office for Victims of Crime

[OJP[OVC]-1309]


Antiterrorism and Emergency Fund Guidelines for Terrorism and 
Mass Violence Crimes

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

ACTION: Notice of proposed guidelines.

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SUMMARY: The Office for Victims of Crime (OVC) has developed these 
proposed Guidelines to implement the victim assistance provisions 
contained in the Antiterrorism and Effective Death Penalty Act of 1996 
(Pub L. 104-132) and the Omnibus Consolidated Appropriations Act of 
1997 (Pub. L. 104-208) and the Victims of Trafficking and Violence 
Prevention Act of 2000 (Pub. L. 106-386). 42 U.S.C. 10603b and 10603c 
outline the specific authority of the OVC to provide compensation and 
assistance to victims of acts of terrorism or mass violence within and 
assistance to victims of terrorism and mass violence outside the United 
States. Funding available through the Antiterrorism and Emergency Fund 
is designed to provide timely relief and to help prevent immediate and 
on-going challenges in responding to victims of terrorism or mass 
violence. Assistance from this program is not limited to Presidentially 
declared human-caused disasters and other mass casualty crimes. Funding 
and support is not provided automatically. Requested funds must 
supplement, not supplant, existing resources. Non-federal contributions 
(cash or in-kind) are expected for each type of grant. Federal agencies 
are not expected to make a contribution. Amounts paid out of state 
funds to victims of terrorism or mass violence may be included in a 
states annual certification of payments to victims which is the basis 
for matching federal victim compensation formula grants.

DATES: Submit comments on or before April 2, 2001.

FOR FURTHER INFORMATION CONTACT: Carolyn Hightower, Deputy Director, 
Office for Victims of Crime, 810 Seventh Street, NW., Washington, DC 
20531, telephone (202) 307-5983.

SUPPLEMENTARY INFORMATION:

I. Authority

    42 U.S.C. Sec. 10604 provides authority to the Director of OVC to 
establish rules, regulations, guidelines and procedures consistent with 
the program oversight and implementation responsibilities of the 
Director. OVC is publishing these proposed Guidelines for 
implementation of its authority under the Antiterrorism and Effective 
Death Penalty and Trafficking and Violence Prevention Acts. The public 
has 30 days to provide comments regarding the proposed rules set forth 
in these proposed Guidelines. OVC will issue a separate set of 
Guidelines to implement the new Compensation Program for International 
Terrorism Victims authorized by the Victims of Trafficking

[[Page 17578]]

and Violence Prevention Act of 2000 (Pub L. 106-386). OVC will review 
the comments received and make changes, as appropriate, in the 
Guidelines in response to the comments received prior to issuing the 
Final Program Guidelines.

II. Introduction and Background

    OVC was created by the U.S. Department of Justice in 1983 and 
formally established by Congress in 1988 through an amendment to the 
Victims of Crime Act of 1984 [42.U.S.C. Sec. 10601]. OVC's mission is 
to enhance the Nation's capacity to assist victims of crime and to 
provide leadership in changing attitudes, policies, and practices to 
promote justice and healing for all victims of crime. OVC accomplishes 
its mission in a variety of ways: Administering the Crime Victims Fund, 
supporting direct services, providing training programs, sponsoring 
demonstration projects with national and international impact, and 
publishing and disseminating materials that highlight promising 
practices in the effective support of crime victims that can be 
replicated throughout the country and worldwide. Also, OVC is in the 
process of establishing a compensation program for victims of 
international terrorism.
    OVC works with international, national, tribal, state, military, 
and local victim assistance and criminal justice agencies, as well as 
other professional organizations to promote fundamental rights and 
comprehensive services for crime victims. The largest amount of OVC 
funding is provided to state agencies designated by the governor to 
administer programs to assist crime victims--crime victim compensation 
and victim assistance. OVC is not only a grant funding agency, but also 
advocates for the fair treatment of crime victims, develops policy and 
provides technical assistance to states, localities, and other federal 
agencies on effective responses to crime victims, and supports public 
awareness and education on critical victim issues [42 U.S.C. 10604 and 
10605]. OVC monitors federal agency compliance with federal statutes 
and guidelines dictating the fair treatment of crime victims, and 
prepares an annual compliance report for the Attorney General as well 
as periodically updates the AG Guidelines for Victim and Witness 
Assistance. This is done by entering into interagency agreements and 
memoranda of understanding, offering technical assistance through 
expert consultants, and forming and leading working groups to address 
issues impacting crime victims. In addition, OVC provides funding to 
support services to people victimized on tribal or federal lands, such 
as military bases and national parks. OVC provides emergency funds to 
federal agencies with victim and witness responsibility to assist 
victims of federal crime when no other resources are available.
    Statement about Terrorism and Mass Violence. Violent and unexpected 
acts of terrorism and criminal mass casualty may leave the victims with 
serious physical and emotional wounds. Nothing in life prepares people 
for the horror of an act of terrorism or mass violence that robs them 
of their sense of security and in some instances a loved one. Victims 
of violent crime experience a range of needs--physical, financial, 
emotional, and legal. Victims are entitled by law in the United States 
to certain types of information and support services. While victims of 
terrorism have much in common with other violent crime victims and with 
disaster victims, they appear to experience higher levels of distress 
that are in part due to the unique issues related to the traumatic 
elements, and often the magnitude, of these politically motivated 
events. Terrorism and mass violence may involve murders that are 
committed by more than one person, multiple victims, and a greater 
degree of violence. Targeting of victims can be either random or 
specific such as in the case of the Oklahoma City bombing where Federal 
Government employees were the target's of the terrorists activities or 
in the case of the school shooting in Littleton, Colorado at Columbine 
High School that resulted in 15 fatalities, including the gunmen, and 
numerous injuries. Terrorism and mass violence may place people at risk 
for significant and long-term psychological and physical challenges. 
Like other victims of violent crime, victims of terrorism and mass 
violence need help in dealing with the crisis created by the event, in 
stabilizing their lives, and with understanding and participating in 
the criminal justice process--whether there is an arrest and trial soon 
after the criminal act, or if an arrest and trial is delayed for years.
    International terrorist attacks can involve victims and survivors 
from many different countries and different states within the United 
States. The local governmental infrastructure and resources of non-
government organizations vary considerably in foreign countries. Thus 
the ability to respond to a terrorist or mass violence incident, 
provide crisis intervention and services to victims also varies. In 
addition, care givers are sometimes unable to effectively intervene due 
to language, legal, or cultural barriers. When terrorism or mass 
violence is perpetrated against U.S. citizens abroad, U.S. government 
agencies and others that are involved in the response must operate in a 
manner that is not in conflict with the laws of the foreign country. 
The efforts, services and benefits of several federal agencies and 
programs, as well as some state victim assistance and compensation 
programs, and the efforts of non-government organizations must be well 
coordinated. Further, in international cases, victims may need services 
or incur expenses that are not traditionally provided by states or the 
Federal government. In an effort to promote effective services to these 
victims, OVC works with federal, state, and local agencies as well as 
international organizations to establish comprehensive, appropriate, 
and consistent assistance for victims of terrorism and mass violence 
occurring outside of the United States.
    Impetus for Congressional Authorization. Following the bombing of 
the federal office building in Oklahoma City on April 19, 1995, 
Congress took a number of legislative steps to authorize funding and 
activities to assist the bombing victims. First, they passed 
legislation authorizing the Director of OVC to set aside monies from 
the Antiterrorism and Emergency Fund to make funds available to U.S. 
Attorneys Offices to provide assistance to the victims of the bombing, 
to facilitate their observation and attendance in trial proceedings, 
and for other related expenses. Next, Congress amended the Victims of 
Crime Act (VOCA) of 1984 [42 U.S.C. Sec. 10603b] to provide general 
authority to the OVC Director to respond to other incidents of 
terrorism or mass violence within the United States and abroad. OVC has 
used the Antiterrorism and Emergency Fund to provide funding to support 
the victims of the Oklahoma City bombing, the bombing of Pan Am Flight 
103, the bombing of the U.S. Embassies in Kenya and Tanzania, and two 
cases of mass violence--the school shootings in Oregon and Colorado.
    In the second session of the 106th Congress, federal legislators 
enacted the Victims of Trafficking and Violence Protection Act of 2000 
(Pub. L. 106-386) which provides aid for victims of terrorism and 
expanded OVC's authority to respond to incidents of terrorism and mass 
violence outside the United States. Congress authorized the OVC 
Director: to increase money set aside for the Antiterrorism and 
Emergency Fund to $100 million and to deposit deobligated dollars from 
other funded program areas into this special Fund; to expand the list 
of eligible applicants for funding in cases of terrorism outside the 
U.S. to

[[Page 17579]]

include, not only states and United States Attorneys Offices, but also 
victim service organizations, and public agencies (including Federal, 
State, or local governments), and non-governmental organizations that 
provide assistance to victims of crime by providing emergency relief 
including crisis response efforts, assistance, training and technical 
assistance and on-going assistance including during any investigation 
and prosecution [42 U.S.C. 10603b(a)]; and to use the Antiterrorism and 
Emergency Fund to establish a program to compensate victims of acts of 
international terrorism that occur outside the United States for 
associated expenses. These proposed Guidelines apply only to OVC's 
efforts to provide funding in cases of terrorism and mass violence 
occurring within and outside the United States and for supporting 
services, other than compensation. (Separate guidelines will be 
established for the international compensation program.) The program is 
designed to supplement the available resources and services of entities 
responding to acts of terrorism or mass violence. Thus, Antiterrorism 
and Emergency Fund support may be granted if needed services cannot be 
adequately provided with existing resources, or if the provision of 
services and assistance will result in an undue financial hardship on 
the jurisdiction's ability to respond to crime victims in a 
comprehensive and timely manner. OVC works with several federal 
agencies such as the Federal Emergency Management Agency, the Center 
for Mental Health Services, the Department of Education, the Department 
of State as well as others to make available their respective expertise 
and to maximize federal funding through interagency coordination to 
assist crime victims.
    Role of the Federal Government. In recent years, the Federal 
Government has been called upon to play a larger role in mitigating and 
responding to all types of human-caused violent events and disasters. 
The federal responsibility ranges from immediate disaster relief to 
subsequent assistance that helps victims and communities to recover 
from a terrorist act or mass violence incident, and helps victims 
participate effectively in the criminal justice process. Moreover, 
because terrorist acts are federal crimes, investigated and prosecuted 
by federal law enforcement officials, federal criminal justice agencies 
have statutory responsibilities under the Attorney General's Guidelines 
for Victim and Witness Assistance related to victims' rights and 
services in connection with terrorism criminal cases.
    Role of State Governments. State Crime Victim Compensation Programs 
reimburse crime victims for out-of-pocket expenses such as medical 
expenses, mental health counseling, funeral and burial costs, and lost 
wages related to their victimization, and state and local victim 
services agencies provide a wide variety of direct assistance to 
victims of federal and state crimes such as crisis counseling, 
temporary shelter, criminal justice advocacy, and the like. OVC works 
in concert with these programs to maximize the limited funding 
available to assist crime victims and facilitate coordination among the 
various responding agency's including federal law enforcement and 
prosecutorial agencies victim and witness staff.
    Role of Other Public and Private Entities. Public and private 
sector organizations have a unique role in meeting the needs of crime 
victims through their various mandates and programs. Organizations like 
the United Way, the American Red Cross, and others offer important 
large scale response to communities victimized by crime.

III. Statutory Language and Definitions

    The Antiterrorism and Effective Death Penalty Act of 1996 gave OVC 
the authority to establish and access the Antiterrorism and Emergency 
Fund in terrorism and mass violence cases. The Act amended the Victims 
of Crime Act (VOCA) adding a new provision, 42 U.S.C. 10603b, which 
covers terrorism or mass violence occurring both within and outside the 
United States. The Victims of Trafficking and Violence Prevention Act 
of 2000 expanded OVC's authority under 42 U.S.C. 10603b(a) to authorize 
the OVC Director to provide comprehensive and timely assistance to 
victims of terrorism occurring outside the United States.
    In cases of terrorism or mass violence outside the United States, 
42 U.S.C. 10603b(a) authorizes OVC to provide funding for emergency 
relief, including crisis response efforts, assistance, training, and 
technical assistance, and on-going assistance including during any 
investigation or prosecution, to benefit of victims of terrorist acts 
or mass violence. In cases of terrorism or mass violence occurring 
outside the United States, OVC is authorized to provide funding to 
states, victim service organizations, public agencies (including 
federal, state, or local governments), and non-governmental 
organizations that provide assistance to victims of crime.
    In cases of terrorism or mass violence occurring within the United 
States, 42 U.S.C. 10603b(b) authorizes OVC to provide emergency relief, 
including crisis response efforts, assistance, training, and technical 
assistance for the benefit of victims of terrorist acts or mass 
violence. Eligible applicants for funding are limited to state victim 
compensation and assistance programs and United States Attorneys 
Offices. The United States Attorney's Offices may use funding in 
coordination with the State crime victim compensation and assistance 
programs to provide emergency relief and assistance throughout the 
criminal justice process.

Definitions

    Terrorism occurring within the United States. The term 
``terrorism'' means an activity that * * * (A) involves 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 
of any State; and (B) appear to be intended * * * (i) to intimidate or 
coerce a civilian population; (ii) influence the policy of a government 
by intimidation or coercion; or (iii) to affect the conduct of a 
government by assassination or kidnaping. [18 U.S.C. 3077]
    Terrorism occurring outside the United States. The term 
``international terrorism'' is being used to define terrorism outside 
the United States and means an activity that * * * (A) involves a 
violent act or an act dangerous to human life that are 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 of any State; (B) appear to be intended * * * (i) to 
intimidate or coerce a civilian population; (ii) influence the policy 
of a government by intimidation or coercion; or (iii) to affect the 
conduct of a government by assassination or kidnaping; and (C) occur 
primarily outside the territorial jurisdiction of the United States, or 
transcend national boundaries in terms of the means by which they are 
accomplished, the persons they appear intended to intimidate or coerce, 
or the locale in which their perpetrators operate or seek asylum.'' [18 
U.S.C. 2331]
    Mass Violence occurring within or outside the United States. The 
term ``mass violence'' is not defined in VOCA or any statute amending 
VOCA nor is it defined the U.S. Criminal Code. Thus, OVC has developed 
a working definition of this term. For purposes of

[[Page 17580]]

accessing the Antiterrorism and Emergency Fund, the term ``mass 
violence'' means an intentional violent criminal act, for which a 
formal investigation has been opened by the Federal Bureau of 
Investigation or other law enforcement agency, that results in 
physical, emotional or psychological injury to a sufficiently large 
number of people as to significantly increase the burden of victim 
assistance for the responding jurisdiction.
    Emergency Relief. Means those activities intended to address a need 
which if left unattended may result in significant consequences. 
Emergency relief may include assistance required during the 
investigation and prosecution of an act of terrorism or mass violence 
as well as activities needed immediately following the criminal event.
    Supplantation. Means to deliberately reduce state or local funds 
because of the availability of federal funds. For example, when state 
funds are appropriated for a stated purpose and federal funds are 
awarded for that same purpose, the state replaces its state funds with 
federal funds, thereby reducing the total amount available for the 
stated purpose (OJP Financial Guide).
    In-kind support/contribution. Includes, but is not limited to, the 
valuation of in-kind services. ``In-kind'' is the value of something 
received or provided that does not have a cost associated with it. For 
example, if in-kind match is permitted by law (other than cash 
payments), then the value of donated services could be used to comply 
with the match requirement. (OJP Financial Guide).

IV. Source of Funding

    Crime Victims Fund. A major responsibility of OVC is to administer 
the Crime Victims Fund, which is derived, not from tax dollars, but 
from fines and penalties paid by federal criminal offenders. A large 
percentage of the money collected each year is distributed to states to 
assist in funding their victim assistance and compensation programs. 
These programs are the lifeline services that help many victims to cope 
with the devastation of crime. The Fund also supports OVC's training 
and technical assistance and demonstration efforts as well as its 
direct services to victims of federal crime.
    Antiterrorism and Emergency Fund. The OVC Director is authorized to 
hold in reserve up to $100 million of the Crime Victims Fund for two 
purposes--to off-set collections and deposits in the Fund and thereby 
stabilize funding for state and local victim service programs, and to 
support compensation and assistance services for victims of terrorism 
or mass violence. Thus far this money has been used to assist the 
victims of the Oklahoma City bombing, the East Africa Embassy bombings, 
Pan Am Flight 103 bombing, and school shootings in Oregon and Colorado. 
In both the Oklahoma City and Pan Am Flight 103 bombing cases, Congress 
enacted special legislation that expanded OVC's authority to fund 
activities beyond the parameters of the previous governing statute.

V. Types of Assistance

    There are five types of support available from OVC to respond to 
terrorism and mass violence: (a) Crisis response grants; (b) 
consequence management grants; (c) criminal justice support grants; (d) 
compensation grants; and (e) technical assistance/training services. 
Jurisdictions are not limited to receiving only one type of assistance. 
Funding and other assistance may be provided for an extended period of 
time if the justification is provided by the applicant. Justification 
for extension in cases of terrorism within the U.S. must meet the 
emergency relief requirement, as determined by the OVC Director and the 
Office of General Counsel. Funding may be provided for each type of 
assistance available; however, coordination among the applicants is 
expected and a separate application must be submitted for each. OVC 
does not provide funding directly to individual crime victims, except 
compensation benefits in the case of international terrorism.
    A. Crisis Response Grants (emergency/short-term, 6-9 months) are 
designed to provide resources to help victims rebuild adaptive 
capacities, decrease stressors, and to reduce symptoms of trauma 
immediately following the terrorism or mass violence event. Requests 
for crisis response funding must be made as soon as practical following 
the mass casualty event. In cases where requests for funding for mental 
health services assistance are made, OVC may work in tandem with the 
Disaster Relief Branch at the Center for Mental Health Services, 
SAMHSA. No additional application information is needed for Crisis 
Response Grants beyond the core application requirements.
    B. Consequence Management Grants (on-going/longer-term, 12-18 
months) are designed to provide supplemental resources to help victims 
adapt to the trauma event and to restore the victims sense of 
equilibrium. In addition to the core application requirements, requests 
for federal assistance should include identification of service 
providers with experience and knowledge about working with violent 
crime victims and a long-range or transition plan for providing 
assistance to victims.
    C. Criminal Justice Support Grants (on-going/longer-term, 18-24 
months) are designed to facilitate victim participation in an 
investigation or prosecution directly related to the terrorist and mass 
violence event. Requests for funding from a federal agency requires 
only a letter containing an assessment of the need and estimated scope 
and cost of the proposed services with a budget and budget narrative. 
Funding will be made available in the form of a reimbursable agreement. 
No SF 424, Application for Federal Assistance is required. In cases 
where there may be multiple jurisdiction in prosecuting the 
perpetrators, priority will be given to supporting the federal 
investigation and prosecution. It is within the OVC Director's 
authority to approve or deny requests for support for subsequent or 
parallel state criminal investigations and prosecutions.
    D. Crime Victim Compensation Grants are designed to provide 
supplemental funding to a state crime victim compensation program in 
cases of terrorism or mass violence occurring within the United States 
to reimburse victims for out-of-pocket expenses related to their 
victimization. Grant funds may be used to pay claims to victims for 
cost that includes, but is not limited to medical and mental health 
counseling, funeral and burial, and lost wages. (See Section VIII for 
other allowable activities and expenses.)

    Note: OVC may provide funding to other organizations to cover 
expenses not traditionally covered by state crime victim 
compensation programs. State crime victim compensation programs will 
be notified if such an award is made.

    Requests for funding from State Crime Victim Compensation Programs 
to address the needs of victims of terrorism or mass violence occurring 
within the United States may be made at anytime and should include the 
projected number of claims to be paid and the projected number of 
claimants to receive payments, and the estimated amount per claim as 
well as the states maximum award amount by category, i.e., medical, 
mental health, loss wages, funeral, etc. The request should also 
describe the range of expenses covered by the program and the amount of 
state funding available to cover expenses of the victims. This 
information will allow OVC to determine if it must provide funding to 
another source to cover expenses beyond the scope of the state

[[Page 17581]]

compensation program requesting funding.
    In the event that a victim, who receives compensation benefits from 
a state administered compensation program, recovers expenses from a 
collateral source, the state must be reimbursed accordingly and funds 
must be used to assist other victims of the specific act of terrorism 
or mass violence for which the Antiterrorism and Emergency Fund dollars 
were awarded.
    E. Request for Technical Assistance and Training. A request for 
technical assistance or training may be made any time during the 
aftermath of terrorism or mass violence and during the criminal justice 
investigation or prosecution. Technical assistance is principally 
available to help federal, state, and local authorities identify victim 
needs and needed resources, to coordinate services to victims, to 
develop short- and longer- term strategies for responding, and for 
other purposes deemed necessary and essential by OVC Director. 
Technical assistance may consist of OVC staff alone or supplemented 
with other federal agency personnel or individuals from OVC's 
consultant database. Technical assistance providers may be provided by 
state and local agency personnel from other jurisdictions with 
experience in similar situations with logistical support from OVC. In 
addition to the core application requirements, applicants requesting 
Technical Assistance and Training must provide an assessment of the 
need which identifies the recipient(s), the nature of the problem, type 
of assistance needed, the duration of assistance, and timetable and 
plan for implementing outcomes.

VI. Allowable Activities

    The range of services that OVC will support for terrorism and mass 
violence victims is outlined in this section. Allowable expenses are 
based, in part, on activities authorized in guidelines established for 
OVC's Federal Emergency Assistance Fund and VOCA Victim Assistance and 
Compensation Program Guidelines. In addition, OVC has relied upon the 
requirements of the Attorney General Guidelines for Victim and Witness 
Assistance for affording rights and providing services to federal crime 
victims to guide the development of these proposed Guidelines.
    The services identified are intended to complement services that 
are available from other agencies and organizations as well as ensure a 
``base'' level of assistance is available to terrorism and mass 
violence victims. Funding for services and other support may include, 
but are not limited to the following:

Crisis Response Assistance

Crisis counseling
Employer and creditor intervention
Child and dependent care
Assistance securing compensation
Emergency food, housing, and clothing
Toll-free telephone lines
Transportation assistance
Needs assessment (limited)

Consequence Management Assistance

Counseling and group therapy
Employer and creditor intervention
Victim informational websites
Rehabilitation expenses
Vocational Rehabilitation
Temporary housing, per diem, and relocation
Transportation assistance
Needs assessment (expanded)

Criminal Justice Support Assistance

Victim Identification
Information and Referral
Case briefings by investigators, prosecutors
Coordination
Closed circuit monitoring of trial
Victim Information (printed and electronic)
Assistance with Victim Impact Statements
Criminal Justice Notification
Travel to trial/criminal justice proceedings
Needs assessment

Crime Victim Compensation Assistance

Telephone costs to contact family members abroad
Autopsy, refrigeration, and transport of body
Emergency Travel and/or transportation costs
Attorneys fees (settle estates, etc.)
Co-payments required by insurance programs
Outpatient mental health treatment/therapy
Medical expenses including non-medical attendant services, 
rehabilitation & physical therapy diagnostic examinations, prosthetic 
devices, eyeglasses

    Note: Allowable activities in one category may be necessary and 
authorized in another funding category.

VII. Accessing Emergency Fund Funding

    Eligible Applicants. In the case of terrorism or mass violence 
within the United States, funding may be granted to state victim 
compensation and assistance programs and United States Attorneys 
offices to provide emergency relief, including crisis response efforts, 
assistance, training, and technical assistance for the benefit of 
victims of terrorist acts or mass violence. In the case of terrorism or 
mass violence outside the United States, funding may be granted to 
states, victim service organizations, and public agencies (including 
federal, state or local governments) and non-governmental organizations 
that provide assistance to victims of crime to provide emergency 
relief, including crisis response efforts, assistance, training, and 
technical assistance, ongoing assistance, including during any 
investigation or prosecution. OVC will not provide funding to a foreign 
or domestic organization operated for the purpose of engaging in any 
significant political or lobbying activities or to individual crime 
victims, except compensation benefits in the case of international 
terrorism. [See international compensation guidelines upon issuance.] 
Funding will be made available to state VOCA agencies in the form of a 
grant. Funding provided to federal agencies shall be made in the form 
of an Reimbursable Agreement between OVC and the federal agency.
    The chief executive officer for the agency/organization must sign 
the grant application, award documents and special conditions. In the 
case of grant funding provided to a state compensation or assistance 
agency, the authorized applicant is the VOCA administrator designated 
by the governor to apply for and administer federal funds. The officer 
must attest that funding made available from the Antiterrorism and 
Emergency Fund will only be used for the purposes to respond to the 
needs of victims of terrorism and/or mass violence.
    Eligible Recipients. Eligible recipients of funds includes victims 
and surviving family members of victims of terrorism or mass violence. 
In international terrorism cases, eligible recipients include persons 
who are legal residents, nationals of the United States or an officer 
or employee of the United States Government who is injured or killed as 
a result of a terrorist act or mass violence. This includes a family 
member or legal guardian for persons who are less than 18 years of age, 
incompetent, incapacitated, or deceased. Unless otherwise indicated, 
these individuals are generally eligible for assistance from federally 
funded victim assistance programs as well as compensation from the OVC-
administered international compensation program.
    Coordination of Effort with Other Public and Private Entities. 
Public and

[[Page 17582]]

private organizations offer important large scale assistance to 
communities in crisis. OVC has drawn heavily upon the experiences of 
agencies such as the Federal Emergency Management Agency and the Center 
for Mental Health Services both of which have responsibility for 
providing assistance to communities following disasters. Extensive 
coordination with these agencies and the Departments of Education and 
State are integral to OVC's response in cases of terrorism and mass 
violence. We strongly encourage applicants to engage in similar types 
of coordination and planning with other relief agencies as this will be 
an important criterion in determining the amount of funding available 
from OVC. Funding is authorized for a coordinated needs assessment at 
each level of response. Extensive coordination with agencies such as 
state emergency preparedness, state mental health, local chapters of 
the American Red Cross and the United Way is an important component to 
an effective response to terrorism and mass violence. To avoid 
duplication of effort, OVC requires applicants to identify other public 
and private entities which may be available to assist in a response to 
terrorism or mass violence. Prior to submitting a request for funding 
to OVC, the applicant should contact these entities and define the 
range of services they will provide to support the response prior to 
submitting a request for funding.
    Areas of Special Concern. In the development of a request for 
assistance, the applicant should be cognizant of special concerns, such 
as applicable state or federal laws and requirements regarding rights 
and services for crime victims, and the needs of high-risk populations, 
such as children, the elderly, and people with disabilities.
    Application Process. An application for funding should be submitted 
to the OVC Director as soon as practical following a terrorist or mass 
violence event by the appropriate state or federal official or private 
victim service and non-governmental organizations. OVC has developed an 
application kit to assist in making application for Antiterrorism and 
Emergency Fund dollars. The kit will be mailed or faxed to potential 
applicants upon request.
    Depending upon the type of assistance sought, requests for funding 
may include the following in addition to specific application 
requirements identified for each type of assistance:
     SF 424, Application for Federal Funding and applicable 
forms
     Letter of request containing the following, as 
appropriate:

--Description of the mass casualty event, including the type of event, 
identification of the lead law enforcement entity conducting the 
investigation, explanation of the criminality of the incident 
(terrorism or mass violence), time-place-duration of the event, 
estimated number of affected victims, and proposed course of action; 
description of activities from the date of incident to the date of 
application submission; identification (list) of service providers; 
description of services to be provided; period of time requested 
support; 
--Projected budget based on actual or estimated costs including 
description of cash or in-kind contribution; 
--Identification of the principals and staff who will oversee the 
implementation of services; 
--Explanation why existing resources are insufficient to support a 
comprehensive response; and 
--Any other known resources available to assist in the response 

Requests for funding must identify all other federal and non-federal 
contributions (cash or in-kind). The request must include a description 
of existing services and resources available for services to victims. 
For the purposes of determining undue financial hardship for 
assistance, applicants must describe why existing resources are 
insufficient to meet the demand or how providing services and support 
to terrorism or mass violence victims may deplete resources available 
to provide assistance to other victims of crime.
    Application Processing and Turnaround Time. It is OVC's intention 
to provide rapid support to assist victims of terrorism and mass 
violence. Upon receipt of a letter of request and application, an OVC 
staff person will review the request, may contact the requesting agency 
to clarify any ambiguities, and make a recommendation to the OVC 
Director regarding the funding request in accordance with OVC's 
internal protocol for responding to incidents of terrorism and mass 
violence. The applicant can expect to receive notification regarding 
the determination from OVC within 5 business days. The applicant will 
be notified via telephone, Internet, or facsimile. OVC will process the 
necessary paperwork expeditiously to make funding available. A 
determination by the OVC Director to make funding available will be 
followed by a complete review of the application including an analysis 
and approval of the budget by the Office of the Comptroller. Funds will 
be available upon completion of the review and written notification and 
acceptance of the award.
    Amount of Funding Available Per Incident. The amount of funding 
available is decided on a case-by-case basis based on factors such as 
the availability of other resources, the severity of the impact, and 
the number of people suffering from physical, emotional, and 
psychological injury. In the case of criminal justice support grants, 
the nature of the support being requested is a factor in determining 
the amount as well as the extent to which the response involves 
activities that will result in long-term improvements in how victims 
access and participate in criminal justice proceedings such as the 
development of protocols and systems to enhance victim notification. 
OVC applies a standard of ``reasonable accommodations'' in determining 
what expenditures will be approved and at what amount.
    Grant period. The specific grant period for Antiterrorism and 
Emergency Fund funding is negotiable within the parameters outlined in 
VOCA. Because of the nature of this funding program, OVC will not 
provide long-term funding to support a single terrorist or mass 
violence event, except for criminal justice support grants when an 
investigation and prosecution is prolonged. Specific time frames have 
been identified for each type of assistance. However, if special 
circumstances exists, funding and other assistance may be provided for 
an extended period of time, as determined by the OVC Director based 
upon justification provided by the applicant.
    Requests for Reconsideration. The OVC Director may deny a request 
for funding, if the applicant fails to document the need for federal 
funds, if the purposes for which funding is being sought falls outside 
the statutory authority for the use of these funds, or if funding is 
unavailable, or for other reasons deemed appropriate by the OVC 
Director. Applicants may request reconsideration of the request based 
on additional information, changes in the circumstances, or the 
withdrawal or termination of funding from other sources. Requests for 
reconsideration should be sent to the OVC Director and should include 
the basis for reconsideration of the initial request. The OVC Director 
will review the request and render a decision within 5 business days of 
the submission. The OVC Director may request additional information 
from the applicant or recommend alternative support from OVC such as 
technical assistance in lieu of direct funding.

[[Page 17583]]

    Suspension and Termination of Funding. If, after notice, OVC finds 
that the recipient has failed to comply substantially with VOCA, 
including its prohibitions of discrimination on the basis of race, 
color, religion, national origin, handicap, or sex, the OJP Financial 
Guide (effective edition), the terms outlined in the application or 
award document, the final Guidelines, or any implementing regulation or 
requirement, the OVC Director may suspend or terminate funding to the 
recipient agency and/or take other appropriate action. Under the 
procedures of 28 CFR Part 18, recipients may request a hearing on the 
justification for the suspension and/or termination of Antiterrorism 
and Emergency Fund assistance.

VIII. Reporting Requirements

    Financial Reporting Requirements. As a condition of receiving 
funding, recipients must agree to comply with the general and specific 
requirements of the OJP Financial Guide, applicable OMB Circulars, and 
Common Rules. This include maintenance of books and records in 
accordance with generally accepted government accounting principles. 
Copies of the OJP Financial Guide may be obtained by writing the Office 
of Justice Programs, Office of the Comptroller, 810 7th Street, N.W., 
Washington, D.C. 20531 or can be accessed at the OJP website at http://www.ojp.usdoj.gov/FinGuide/. Note: Financial Status Reports must be 
submitted to the Office of the Comptroller for each calendar quarter in 
which the grant is active. This report is due even if no obligations or 
expenditures were incurred during the reporting period.
    Program Reporting Requirements. Recipients of Antiterrorism and 
Emergency Reserve Funds are required to submit a report containing the 
following information at the mid-way period of the grant or supported 
activity as well as at the conclusion of the award period documenting 
the following:
    Breakout of expenditures 
description of services provided
number of victims assisted
amount of funding expended
purpose of each expenditure, e.g., hire staff, secure space, contract 
for services, conduct training, equipment, travel and transportation, 
etc.

Description of Plans for Addressing Longer Term and Unmet Needs

transition plan, i.e., how services will be funded when federal funds 
have been exhausted.

Evaluation/Assessment of the Effectiveness of the Response

outcome of victim/user surveys

    Note: State agencies that administer the VOCA formula grants and 
receive Antiterrorism and Emergency Fund dollars to respond to a 
case of terrorism or mass violence should report services and 
assistance rendered to victims on the state performance report.


    Dated: March 28, 2001.
Mary Lou Leary,
Acting Assistant Attorney General, Office of Justice Programs.
[FR Doc. 01-8044 Filed 3-30-01; 8:45 am]
BILLING CODE 4410-18-U