[Federal Register Volume 68, Number 249 (Tuesday, December 30, 2003)]
[Proposed Rules]
[Pages 75184-75186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32017]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 90

[OJP Docket No. 1378]
RIN 1121-AA67


STOP Violence Against Women Formula Grant Program and STOP 
Violence Against Indian Women Discretionary Grant Program: 
Clarification of Match Requirement

AGENCY: Office on Violence Against Women, Office of Justice Programs, 
Department of Justice.

ACTION: Notice of proposed rule.

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SUMMARY: This rule proposed to amend the regulations for the STOP 
(Services--Training--Officers--Prosecutors) Violence Against Women 
Formula Grant Program and the STOP Violence Against Indian Women 
Discretionary Grant Program in 28 CFR 90.17 and 90.55, respectively, to 
clarify the statutory provision in 42 U.S.C. 3796gg-1(f) requiring that 
each STOP fund grantee provide matching funds in an amount no less than 
25% of the total costs of the projects described in the application for 
funds.

DATES: Written comments should be submitted by January 29, 2004.

ADDRESSES: Please send written comments, by U.S. mail, to: Marnie 
Shiels, Attorney-Advisor, Office on Violence Against Women, Office of 
Justice Programs, 810 7th Street, NW., Washington, DC 20531; or by e-
mail, to: [email protected]. To ensure proper handling, please 
reference OJP No. 1378 on your correspondence.

FOR FURTHER INFORMATION CONTACT: Marnie Shiels, Attorney-Advisor, 
Office on Violence Against Women, Office of Justice Programs, 810 7th 
Street, NW., Washington, DC 20531, telephone: (202) 307-6026.

SUPPLEMENTARY INFORMATION: The STOP and STOP Violence Against Indian 
Women (VAIW) Programs are codified at 42 U.S.C. 3796gg et seq. The 
final rule for these programs, 28 CFR Part 90 (Subparts B and C), was 
promulgated on April 18, 1995. The STOP grants are awarded to states 
and territories to develop and strengthen the criminal justice system's 
response to violence against women and to support and enhance services 
for victims. The STOP VAIW grants are intended to develop and 
strengthen tribal law enforcement and prosecution efforts to combat 
violence against Indian women and to develop and enhance services for 
victims of such crimes.
    Because this is a technical amendment to clarify the matching 
requirement within the authorizing statute, the deadline for written 
comments is 30-days from the date of publication of this proposed rule 
in the Federal Register.

Statutory Match Requirement

    The STOP statute, 42 U.S.C. 3796gg-1(f), provides: ``The Federal 
share of a grant made under [these grant programs] may not exceed 75 
percent of the total costs of the projects described in the application 
submitted.'' In accordance with the statutory matching funds 
requirement, States and Indian tribal governments receiving funds under 
these two programs must ensure that only 75 percent of their total 
budget for the grant project comes from STOP grant funds. The purpose 
of requiring STOP formula fund grantees to provide a 25%

[[Page 75185]]

match is to augment the resources available to the project from grant 
funds and to foster the dedication of State, local, and community 
resources to the purposes of the project. States and tribal governments 
must calculate ``matching funds'' based on their entire grant awards, 
including amounts that they are allowed to allocate for administrative 
expenses or indirect costs. (In the case of American Samoa, Guam, the 
Virgin Islands, and the Northern Mariana Islands, the requirement for 
matching funds (up to $200,000) is waived pursuant to 48 U.S.C. 
1469a(d).)
    Grantees may satisfy this match requirement with either cash or in-
kind services and may require sub-grantees to provide all or part of 
the match. The costs of activities counted as matching funds must be 
directly related to the project goals and objectives. For Indian 
tribes, as provided in 42 U.S.C. 3796gg-1(g), appropriations for the 
activities of any agency of an Indian tribal government or of the 
Bureau of Indian Affairs performing law enforcement functions on any 
Indian lands may be used to provide the match. The Office of Justice 
Programs Financial Guide, Part III, Chapter 3, provides information on 
additional sources of matching funds.
    By statute, grantees under the STOP Violence Against Women Formula 
Grant Program and the STOP Violence Against Indian Women Discretionary 
Grant Program are required to provide a 25% match--or 25% of the total 
funds associated with the project being funded. (Thus, OVW provides 
only 75% of the total funding for each project.) The current 
regulations prohibit state and Indian tribal government grantees from 
passing on any portion of the 25% match requirement to any subgrantees 
who are nonprofit, non-governmental victim services programs, even 
though the statute contains no such prohibition. The revised rule will 
conform OJP regulations to the statute by permitting grantees to 
require that those subgrantees provide a portion of the overall 25% 
match that is required for the project.

Executive Order 12866

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. The 
Office of Justice Programs has determined that this rule is not a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review, and accordingly this rule has not 
been reviewed by the Office of Management and Budget.

Cost/Benefit Assessment

    This proposed rule is a technical amendment that clarifies the 
match requirement for entities awarded funds under the STOP Violence 
Against Women Formula Grant Program and the STOP Violence Against 
Indian Women Discretionary Grant Programs. The only cost of this 
proposed rule is thus borne by grantees for whom the benefit of 
receiving funds outweighs any cost imposed by the matching funds 
requirement.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. This proposed rule is a technical 
amendment that clarifies the match requirement for entities awarded 
funds under the STOP Violence Against Women Formula Grant Program and 
the STOP Violence Against Indian Women Discretionary Grant Programs, 
but has no effect on other funds granted to states. Therefore, in 
accordance with Executive Order 12612, it is determined that this rule 
does not have sufficient federalism implications to warrant preparation 
of a Federalism Assessment.

Regulatory Flexibility Act

    The Office of Justice Programs, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by 
approving it certifies that this regulation will not have a significant 
economic impact upon a substantial number of small entities for the 
following reason: This proposed rule is a technical amendment that 
clarifies the match requirement for entities awarded funds under the 
STOP Violence Against Women Formula Grant Program and the STOP Violence 
Against Indian Women Discretionary Grant Programs, but has no effect on 
other funds.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
Tribal governments, in the aggregate, or by the private sector, of 
$100,000,000 or more in any one year, and it will not uniquely affect 
small governments. Therefore, no actions were deemed necessary under 
the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Fairness Act of 1996. This rule 
will not result in an annual effect on the economy of $100,000,000 or 
more; a major increase in cost or prices; or significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete in domestic and export markets.

List of Subjects in 28 CFR Part 91

    Grant programs, Judicial administration.
    For the reason set forth in the preamble, the Office of Justice 
Programs proposes to amend 28 CFR Chapter I as follows:

PART 90--VIOLENCE AGAINST WOMEN

Subpart B--The STOP (Services--Training--Officers--Prosecutors) 
Violence Against Women Formula Grant Program

    1. The authority citation for Part 90, subparts B and C, continues 
to read as follows:

    Authority: 42 U.S.C. 3796gg et seq.

    2. Paragraph (c) of Sec.  90.17 is proposed to be revised to read 
as follows:


Sec.  90.17  Matching requirements.

* * * * *
    (c) The match expenditures must be committed for each funded 
project under the grant, including administrative and indirect costs, 
and cannot be derived from other Federal funds.
* * * * *

Subpart C--Indian Tribal Governments Discretionary Program

    3. Paragraph (c) of Sec.  90.55 is proposed to be revised to read 
as follows:


Sec.  90.55  Matching requirements.

* * * * *
    (c) The match expenditures must be committed for each funded 
project under the grant, including administrative and indirect costs, 
and, as provided in 42 U.S.C. Sec.  3796gg-1(g), may be derived from 
appropriations for the activities of any agency of an Indian tribal 
government or of the Bureau of Indian Affairs performing law 
enforcement functions on any Indian lands.
* * * * *


[[Page 75186]]


    Dated: December 22, 2003.
Diane M. Stuart,
Director, Office on Violence Against Women.
[FR Doc. 03-32017 Filed 12-29-03; 8:45 am]
BILLING CODE 4410-18-P