[Federal Register: December 30, 2003 (Volume 68, Number 249)]
[Proposed Rules]
[Page 75184-75186]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de03-26]
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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: OVWRegs@ojp.usdoj.gov. 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]
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