Thursday,
January 31, 2002
Part III
Department of
Justice
Office for Victims of Crime
Guidelines for the Antiterrorism and
Emergency Assistance Program for
Terrorism and Mass Violence Crimes;
Notice
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4822 Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Notices
DEPARTMENT OF JUSTICE SUPPLEMENTARY INFORMATION: VOCA Combating Terrorism Policy Support;
provides federal financial assistance for one from the Drug Enforcement
Office for Victims of Crime the purpose of compensating and Administration; one from the Center for
assisting victims of crime, to carry out Mental Health Services, Emergency
[OJP[OVC]–1309F]
a training and technical assistance Services and Disaster Relief Branch,
Guidelines for the Antiterrorism and program, to provide services for victims Substance Abuse and Mental Health
Emergency Assistance Program for of federal crimes, to provide Services Administration; and one from
Terrorism and Mass Violence Crimes compensation and assistance services the Department of State, Overseas
for victims of terrorism or mass Citizens Services, Bureau of Consular
AGENCY: Office for Victims of Crime, violence, and to support fellowships Affairs.
Office of Justice Programs, Justice. and clinical internships. These final OVC has attempted to address all of
ACTION: Notice of final guidelines. Guidelines provide specific information the comments and recommendations
for the administration of funding for received during the public comment
SUMMARY: The Office for Victims of response to victims of terrorism or mass period. In addition, OVC has included
Crime (OVC) has developed these final violence as authorized in 42 U.S.C. in these final Guidelines new provisions
Guidelines to implement the victim § 10603b and § 10603c. contained in the USA PATRIOT Act of
assistance provisions contained in the 2001 (PL 107–56) which contains a
Preamble to the Final Guidelines definition of ‘‘domestic terrorism,’’
Antiterrorism and Effective Death
Penalty Act of 1996 (Pub. L. 104–132), OVC published proposed program expands the list of eligible applicants
the Omnibus Consolidated guidelines in the Federal Register (FR, for funding in cases of ‘‘domestic
Appropriations Act of 1997 (Pub. L 104– Vol. 66, No. 63) on April 2, 2001 for a terrorism,’’ establishes a new cap on the
208), the Victims of Trafficking and 30-day public comment period. In amount of money the OVC Director can
Violence Protection Act of 2000 (Pub. L. addition, OVC distributed copies of the set aside to assist victims of terrorism
106–386), and the Uniting and proposed guidelines to all VOCA state and mass violence, and re-titles the
Strengthening America by Providing administrators, executive directors of name of the account in which funding
Appropriate Tools Required to Intercept national victim organizations, identified is set aside for these purposes as the
and Obstruct Terrorism Act of 2001, representatives in federal agencies with Emergency Reserve. It also authorized
Pub. L. 107–56 (hereafter referred to as victim assistance responsibilities the transfer of money into this account
the USA PATRIOT Act of 2001). The including the 93 United States from the emergency supplemental
Victims of Crime Act (VOCA), 42 U.S.C. Attorneys Offices, and other interested appropriation for the September 11th
§ 10603b and § 10603c, outlines the parties. In response to the notice of disaster specifically to support services
specific authority of the OVC to provide proposed program guidelines, OVC for the victims and surviving family
compensation and assistance to victims received 27 separate comments based on members of this terrorist attack. In
of acts of terrorism or mass violence the Federal Register notice. In addition, addition, OVC provided two points of
within and assistance to victims of comments were received from seven clarification regarding the amount of
terrorism and mass violence outside the VOCA state victim assistance funding available from the Emergency
United States. Funding available administrators at a working group Reserve to a jurisdiction and clarified
through the Antiterrorism Emergency meeting at their annual national eligible applicants for funding based on
Reserve (hereafter referred to as the conference held in Denver, Colorado. Of recent inquiries following the
Emergency Reserve) is designed to the written comments received from 27 ‘‘September 11, 2001 attacks against
provide timely relief and to help individuals or organizations: Three America.’’ The implementation of these
respond to immediate and on-going came from special agents and medical final Guidelines will provide
challenges in providing victim staff at the Federal Bureau of opportunities to broaden our
assistance services in the aftermath of Investigation; three from state crime understanding of the needs of victims
cases of terrorism or mass violence. victim compensation program and jurisdictions responding to
Funding and technical support is not representatives; four from state human terrorism or mass violence. As OVC
provided automatically. Requested services department divisions learns from these experiences we will
funds must supplement, not supplant, administering mental health programs; make the necessary adjustments to this
available resources. Non-federal three from state departments of health program policy guidance.
and mental health; one from a state
contributions (cash or in-kind) are Analysis and Summary of Comments
department of public welfare, office of
expected for each type of grant. Federal
mental health and substance abuse Overall, the comments were
agencies are not expected to make a
services; three from VOCA state supportive of the direction taken by
contribution. Amounts paid to victims
assistance and compensation OVC in the proposed guidelines. Many
from state funding sources to
administrators, of which two came from respondents expressed appreciation for
compensate victims of terrorism or mass
a single state public safety agency; one OVC’s effort to provide structure and
violence may be included in a state’s
from the Federal Emergency guidance to the field regarding funding
annual certification of payments to
Management Agency; one from the available from the Emergency Reserve to
victims, which is the basis for matching
Department of Treasury Enforcement support services and assistance to
annual federal crime victim Section; one from the Office of the victims of terrorism or mass violence.
compensation formula grants. Inspector General and one from the Several respondents praised OVC for the
EFFECTIVE DATE: These final Guidelines Secretary of the U.S. Department of flexibility built into the guidelines,
are effective January 31, 2002, and until Agriculture; one from the National including the application filing period
re-issuance by OVC. Association of Crime Victim and process, and timing for the different
FOR FURTHER INFORMATION CONTACT: Compensation Boards; one from a types of assistance.
Terrorism and International Victims VOCA state victim assistance In response to the comments and the
Unit, Office for Victims of Crime, 810 administrator; one from Office of the September 11, 2001 attacks on America,
Seventh Street, NW., Washington, DC Assistant Secretary of Defense, Special OVC has made several additional
20531, telephone (202)307–5983. Operation Low Intensity Conflict changes in the final Guidelines. OVC
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Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Notices 4823
also has made formatting changes; use of the term ‘‘counseling’’ and the subcontracting for mental health
added language to address property potential for it to encourage services, OVC believes the selection of
losses and damage and victim interventions by non-qualified, non- service providers is best left to the
confidentiality and privacy; added credentialed individuals. Another standards established by the affected
definitions of ‘‘victim,’’ ‘‘national of the respondent also suggested that the final jurisdiction.
United States,’’ ‘‘grant,’’ ‘‘cooperative Guidelines require states to document To address the possible gap in mental
agreement,’’ ‘‘reimbursable agreement,’’ their inability to develop and/or identify health interventions, OVC has adjusted
and ‘‘interagency agreement;’’ extended state response resources prior to the time range for consequence
the period of time for accessing criminal subcontracting for mental health management grants to begin at the point
justice support grants to up to 36 counseling services. One respondent in which crisis response grant funding
months; added a new subsection to asked that OVC re-examine the time terminates. Hence, the consequence
address federal monitoring and frames established for crisis response management grants will now be
oversight; simplified the application grants and consequence management available from nine months and up to 18
requirements; provided additional grants to eliminate the gap in funding months after the terrorist or mass
guidance regarding required program support for crisis counseling services violence event.
reporting; and provided specific and counseling and group therapy to Application Process and Funding: A
application requirements by type of ensure a continuum of psychological few respondents recommended that
applicant agency. The comments from care for victims. funding available from the Emergency
the field address six specific areas of the In response to the concern expressed Reserve be retroactive to the date of the
Guidelines: Coordination, pre-crisis regarding the term ‘‘counseling’’ and the criminal event. Another respondent
planning, mental health interventions, credentials of persons providing mental expressed support for a joint application
application process and funding, health intervention, OVC has modified for funding available from OVC and the
allowable activities, and definitions. the language in the final Guidelines to CMHS. Two respondents asked for
The following is a summary of the indicate counseling and therapy that are clarification regarding funding
comments and PVC’s response. provided by persons who meet state determinations. Specifically, they
Coordination: Several of the standards or who are supervised in wanted to know the extent to which
respondents asked OVC to strengthen accordance with state standards. In federal formula grant fund amounts
language recommending coordination addition, we clarified this by adding would be factored into the funding
among federal law enforcement and two definitions: The definition of ‘‘crisis decision, and if defined criteria will be
prosecution, state victim assistance counseling’’ used in the Federal established for making funding
administrators, and the state mental Emergency Management Agency determinations. Another respondent
health community. In response, OVC (FEMA) regulations, and the definition asked if the range of eligible applicants
added language to the ‘‘coordination of of mental health counseling and care could be expanded to include state
effort with other public and private contained in OVC’s Victim Assistance criminal justice planning agencies, state
entities’’ section of the final Guidelines Program Guidelines. We believe these and county mental health agencies, and
recommending coordination among law two additions to the final Guidelines state departments of education. A state
enforcement, prosecution, state victim address the concerns of the respondent compensation program representative
assistance and compensation programs, with minimal federal intrusion on state asked that the application requirements
and the mental health community. In decision-making. be revised to establish specific
addition, we address this issue in the OVC has entered into an interagency supplemental information required of
Introduction and Background section by agreement with the Department of state compensation programs and to
adding a new subsection discussing pre- Health and Human Services’ Center for eliminate additional application
crisis planning. Mental Health Services (CMHS), certifications for states that receive
Pre-crisis Planning: A number of Emergency Services and Disaster Relief formula grant funding from OVC to
respondents focused on the need to Branch to conduct research into support victims. In addition, the
support pre-crisis planning efforts of currently available materials and respondent requested that OVC
states and other jurisdictions, and protocols to address the immediate and eliminate the requirement that
sought to secure funding for preliminary longer-term mental health needs of ‘‘recovered’’ funds be used to assist
and on-going crisis planning efforts. victims of mass victimization; to other victims of the ‘‘specific act of
They also recommended that the final prepare materials for federal law terrorism or mass violence for which
Guidelines require states to have critical enforcement to assist victims of Emergency Reserve dollars were
incident operations plans that identify domestic and international terrorism awarded.’’
state resources to respond to criminal and mass violence; to provide training Next, a respondent recommended that
mass disasters and memoranda of and technical assistance to federal law application requirements be
understanding that describe the enforcement on mental health care consolidated into one section of the
relationship between the applicant and needs of victims; to assist federal law final Guidelines and specific
state mental health services. enforcement in coordinating its crisis application requirements be identified
Funding available to jurisdictions response role with state and local by the type of applicant. Finally, a
under these final Guidelines is agencies and community service respondent asked for clarification
specifically to support victim assistance organizations; and to develop regarding the time limit in which an
services in the aftermath of criminal partnerships between mental health and application may be filed noting that ‘‘a
mass disaster. OVC strongly supports victim assistance disciplines at the state state may initially have funds available
pre-crisis planning and has identified and local levels. This information has and believe they are adequate; however
various resources available to assist been added to a new subsection in the future events may deplete resources.’’
states and communities in its National final Guidelines titled ‘‘Support for Pre- In response to these
Directory of Victim Assistance Funding Crisis Planning.’’ recommendations, OVC has made the
Opportunities, 2001. With regard to the recommendation to following changes in the final
Mental Health Interventions: One require states to document the inability Guidelines. OVC added language under
respondent expressed concern about the to secure state resources before the section describing the application
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4824 Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Notices
process that provides for pre-agreement Finally, OVC has consolidated all the administrative costs deemed necessary
costs retroactive to the date of the mass application requirements under section and essential to the delivery of services.
casualty event. Regarding the VII of the final Guidelines and In response, OVC included in the
recommendation for a joint application identified the specific application allowable cost section of these final
for funding available from CMHS and requirements based on the type of Guidelines the language, ‘‘authorizing
OVC, we have added language to the agency/organization requesting funding use of a limited amount of available
coordination section which indicates support. funding, as agreed upon by OVC and the
that OVC may elect in some cases to Allowable Activities: One respondent applicant, for administrative purposes.’’
transfer funds to other federal agencies asked that ‘‘direct (victim) outreach’’ be (See Section VI.)
with disaster relief responsibilities to identified as an allowable activity to Definitions: A respondent requested
support victim assistance interventions, ensure that the largest number of that the definition of mass violence be
including mental health counseling and victims are reached following a expanded to acknowledge specifically
care. To clarify the funding decision terrorism or mass violence event. the increased financial burden that state
process, we added to the definition Another respondent acknowledged the crime victim compensation programs
section of the final Guidelines the term need for prolonged victim assistance may experience as a result of a criminal
‘‘undue financial hardship’’ and interventions based on the length of mass disaster. Another respondent
provided additional guidance regarding time it often takes to arrest the asked that the term ‘‘family members’’
the criterion for making such perpetrator(s) and bring him/her to trial. be defined to be responsive to the
determinations. The USA PATRIOT Act One respondent asked that the pool of ‘‘variability that exists in the structure
of 2001 expanded the list of eligible eligible recipients be expanded to and membership of contemporary
recipients for funding in cases of include emergency responders. Another families.’’ Finally, one respondent asked
terrorism within the United States to respondent suggested that the allowable OVC for specific guidance on the
include not only eligible state crime activities under the consequence amount of the non-federal contribution,
victim compensation and assistance management assistance grants include referred to as match.
programs, but also victim service automated informational telephone The use of the term ‘‘victim
organizations, public agencies—federal, service, and Attorney Advisor positions assistance’’ was intended to be inclusive
state, and local governments, and non- to address questions from victims about of all victim assistance efforts, including
governmental organizations that provide criminal proceedings. compensation for purposes of incidents
assistance to victims. Funding to foreign Direct victim outreach is an allowable of domestic terrorism or mass violence.
governments is still prohibited. activity. The list of activities To clarify our intent and respond to the
supportable with Emergency Reserve comment received, OVC has modified
In response to the three requests dollars was not meant to be exhaustive. the definition of mass violence to
affecting state compensation programs, Thus, OVC added a statement that include specific reference to crime
the final Guidelines have been modified ‘‘[f]unding for services and other victim compensation efforts. OVC has
to provide specific guidance regarding support may include, but is not limited elected not to define the term ‘‘family
supplemental application information to * * *’’. The list of eligible activities member’’ as we believe this term should
required from crime victim outlined in the final Guidelines is be defined by the responding
compensation programs. OVC has intended to provide general guidance jurisdiction.
elected to retain the language requiring regarding the use of funds. We have At this time, we are not prepared to
that funds recovered through state added outreach and awareness to the establish a specific matching percentage
subrogation provisions be used to list and language indicating that or amount, because the level of
compensate other victims of the same activities that are deemed necessary and resources available to a jurisdiction
terrorist or mass violence act for which essential to the provision of services following a catastrophic event will vary
they were originally awarded. may be funded with Emergency Reserve greatly depending upon a range of
Additional language has been added dollars. We also added automated issues, e.g., amount of public support,
requiring state compensation programs informational telephone services to the funding available for non-profit
and other recipients of funds to return list of allowable activities under the organizations, funding available from
any remaining funds at the end of the consequence management, crisis other federal agencies. No specific
grant to OVC for deobligation and response, and criminal justice support match percentage or dollar amount has
deposit into the Emergency Reserve. grants, and Attorney Advisor and victim been established for this program.
OVC is unable to establish a blanket advocate personnel as an allowable cost However, non-federal contributions
certification for funding received from under criminal justice support grants. (cash or in-kind) are expected. OVC
different account sources. Hence, no We do not offer specific guidance clarified this in the ‘‘Definitions’’
change has been made to the regarding the approach for reaching section under the term ‘‘in-kind
certification requirements. OVC did not victims or delivering services support/contribution.’’
establish an application deadline recognizing that these types of decisions
precisely for the reasons cited by the may depend upon specific Final Guidelines
respondent. The period of time that circumstances and are best left to the These final Guidelines incorporate
elapses between the submission of an responding jurisdiction. recommendations received from the
application and the catastrophic event Finally, OVC added language which field during the public comment period
does affect the type of grant assistance specifically identifies individuals in on the proposed guidelines, and
an applicant can request, i.e., OVC will direct proximity to the crime who may amendments to VOCA contained in the
not approve an application submitted 24 have been traumatized by the criminal USA PATRIOT Act of 2001. The final
months after the event for a crisis event, including emergency response Guidelines are organized as follows:
response grant. Clarification regarding personnel, and included a definition of I. Final Program Guidelines
the time frame for application ‘‘victim’’ in the definition section of the II. Introduction and Background
submission is provided in the section of final Guidelines. III. Statutory Language and Definitions
the final Guidelines titled ‘‘Application A number of states suggested that IV. Source of Funding
Processing and Turnaround Time.’’ OVC include among the allowable costs V. Types of Assistance
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Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Notices 4825
VI. Allowable Activities and Costs attitudes, policies, and practices to prepares people for the horror of an act
VII. Accessing the Antiterrorism and promote justice and healing for all of terrorism or mass violence that robs
Emergency Reserve victims of crime. OVC accomplishes its them of their sense of security and in
VIII. Reporting Requirements mission in a variety of ways: some instances a loved one. Victims of
I. Final Program Guidelines administering the Crime Victims Fund violent crime experience a range of
and the Emergency Reserve account; needs—physical, financial, emotional,
A. Authority supporting direct services; providing and legal. Victims are entitled by law in
42 U.S.C. § 10604 provides authority training programs; sponsoring the United States to certain types of
to the Director of OVC to establish rules, demonstration and evaluation projects information and support services. While
regulations, guidelines and procedures with national and international impact; victims of terrorism have much in
consistent with the program oversight publishing and disseminating materials common with other violent crime
and implementation responsibilities of that highlight promising practices in the victims and with disaster victims, they
the Director. OVC is publishing these effective support of crime victims that appear to experience higher levels of
final Guidelines for implementation of can be replicated throughout the distress, in part due to the magnitude
its authority under the USA PATRIOT country and worldwide; and sponsoring and scope of such traumatic events.
Act of 2001, Antiterrorism and Effective fellowships and clinical internships. Terrorism and mass violence may
Death Penalty of 1996, and the Victims Also, OVC is in the process of involve murders that are committed by
of Trafficking and Violence Protection establishing a compensation program for more than one person, multiple victims,
Act of 2000. These final Guidelines victims of international terrorism. and a greater degree of violence than
apply only to OVC’s efforts to provide OVC works with international, other criminal acts. In addition, the
funding for victim compensation and national, tribal, state, military, and local methods of targeting victims can
assistance services in cases of terrorism victim assistance and criminal justice contribute to the trauma and anxiety
and mass violence occurring within, agencies, as well as other professional victims feel. Terrorist acts can be either
and for victim assistance services in organizations to promote fundamental random or specific. In the case of the
cases of terrorism and mass violence rights and comprehensive services for Oklahoma City bombing, Federal
occurring outside, the United States. crime victims. The largest amount of Government employees were the targets.
OVC will issue a separate set of OVC funding is provided to state In the case of the school shooting in
Guidelines to implement the new agencies designated by the governor to Littleton, Colorado at Columbine High
International Terrorism Victim administer programs to assist crime School, students were the targets,
Compensation Program authorized by victims—crime victim compensation resulting in 15 fatalities (including the
the Victims of Trafficking and Violence and victim assistance. OVC is not only gunmen) and numerous injuries.
Protection Act of 2000 (Pub. L. 106– a grant funding agency, but also Terrorism and mass violence may place
386). advocates for the fair treatment of crime people at risk for significant physical
This program is designed to victims, develops policy and provides and long-term psychological injuries.
supplement the available resources and technical assistance to states, localities, Like other victims of violent crime,
services of entities responding to acts of and other federal agencies on effective victims of terrorism and mass violence
terrorism or mass violence. Thus, responses to crime victims, and need help in dealing with the crisis
Emergency Reserve support may be supports public awareness and created by the event, in stabilizing their
granted if needed services cannot be education on critical victim issues (42 lives, and in understanding and
adequately provided with existing U.S.C. 10604 and 10605).
participating in the criminal justice
resources, or if the provision of services OVC monitors federal agency
process—whether there is an arrest and
and assistance will result in an undue compliance with federal statutes and
guidelines dictating the fair treatment of trial soon after the criminal act or an
financial hardship on the jurisdiction’s arrest and trial are delayed for years.
ability to respond to crime victims in a crime victims, and prepares an annual
compliance report for the Attorney International terrorist attacks can
comprehensive and timely manner or involve victims and survivors from
General as well as periodically updates
impede the jurisdiction’s ability to many different countries and different
the Attorney General Guidelines for
respond to other victims of crime. OVC states within the United States, and in
Victim and Witness Assistance. OVC
works with several federal agencies foreign countries. The local government
enters into interagency agreements and
such as the Federal Emergency infrastructure and resources of non-
memoranda of understanding, offers
Management Agency, the Department of government organizations vary
technical assistance through expert
Health and Human Services’ CMHS, the considerably in foreign countries. Thus,
consultants, and forms and leads
Department of Education, the the ability to respond to a terrorist or
working groups to address issues that
Department of State as well as others to mass violence incident and to provide
have an impact on crime victims. In
make available their respective expertise crisis intervention and services to
addition, OVC provides funding to
and to maximize federal funding victims abroad also varies. In addition,
support services to people victimized on
through interagency coordination to care givers are sometimes unable to
tribal or federal lands, such as military
assist crime victims. intervene effectively due to language,
bases and national parks. Finally, OVC
II. Introduction and Background provides emergency funds to federal legal, or cultural barriers. The efforts,
agencies with victim responsibilities to services, or benefits of several federal
A. OVC Mission and Purpose agencies and programs, as well as state
assist victims of federal crime when no
OVC was created by the U.S. other resources are available. victim assistance programs and non-
Department of Justice in 1983 and government organizations may be
formally established by Congress in B. Statement About Terrorism and Mass involved and must be coordinated.
1988 through an amendment to the of Violence Further, victims abroad may need
1984 (42 U.S.C. 10601) (VOCA). OVC’s Violent and unexpected acts of services or incur expenses that are not
mission is to enhance the nation’s terrorism and criminal mass violence traditionally provided by states or the
capacity to assist victims of crime and may leave victims with serious physical Federal Government. OVC works with
to provide leadership in changing and emotional wounds. Nothing in life federal, state, and local agencies as well
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4826 Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Notices
as international organizations to these initiatives and other resources E. Role of the Federal Government
establish comprehensive, appropriate, available to assist with their efforts.
and consistent services for these victims In recent years, the Federal
D. Action To Address Terrorism and Government has been called upon to
when terrorism and mass violence occur
Mass Violence play a larger role in mitigating and
outside of the United States.
Following the bombing of the federal responding to all types of human-caused
C. Support for Pre-Crisis Planning office building in Oklahoma City on violent events and disasters. The federal
OVC strongly supports pre-crisis April 19, 1995, Congress took a number responsibility ranges from immediate
planning as a means of assuring that of legislative steps to authorize funding disaster relief to subsequent assistance
jurisdictions have identified key and activities to assist the bombing that helps victims and communities to
personnel, available resources, and victims. First, they passed legislation recover from a terrorist act or mass
necessary protocols required for a authorizing the Director of OVC to set violence incident, and to help victims
comprehensive and effective response to aside monies in an Antiterrorism and participate effectively in the criminal
criminal mass casualty crimes. OVC has Emergency Reserve account and to make justice process. In cases of terrorism and
supported several initiatives to assist funds available to provide assistance mass violence within the United States
interested jurisdictions with pre-crisis and compensation to the victims of the where requests for funding for mental
planning efforts. These initiatives bombing, to facilitate their observation health services are made, OVC may
include: promoting the development of and attendance in trial proceedings, and work in tandem with the Emergency
community-based, multi-disciplinary, for other related expenses. Congress also Services and Disaster Relief Branch at
interagency assessment and planning amended the VOCA of 1984 [42 U.S.C. the Center for Mental Health Services,
processes for responding to cases of § 10603b] to provide general authority to Substance Abuse and Mental Health
terrorism and mass violence; the design, the OVC Director to respond to other Services Administration (SAMHSA).
development and implementation of incidents of terrorism or mass violence Moreover, because terrorist acts are
long-range plans for establishing formal within the United States and abroad. primarily federal crimes, investigated
collaborative efforts involving victim OVC has used the Antiterrorism and and prosecuted by federal law
service providers, law enforcement, fire Emergency Reserve to provide funding enforcement officials, components of
and rescue, and other emergency to support the victims of the Oklahoma the Department of Justice engaged in
response agencies; the use of self- City bombing, the bombing of Pan Am criminal investigative, prosecution, or
assessment and planning tools, Flight 103, the bombing of the U.S. correction functions have
protocols for coordination and Embassies in Kenya and Tanzania, and responsibilities under the Attorney
collaboration of victim services; the two cases of mass violence—the school General Guidelines for Victim and
integration of victim services into shootings in Oregon and Colorado. Most Witness Assistance related to victims’
incident command structures; and recently this account has been used to rights and services.
training for crisis response support the federal, state, and local
implementation teams to help with responses to the terrorist attacks of F. Role of State Governments
problem-solving, working cooperatively September 11, 2001.
In the second session of the 106th State Crime Victim Compensation
in a multi-disciplinary environment,
Congress, the Victims of Trafficking and Programs reimburse crime victims for
designing and developing of interagency
Violence Protection Act of 2000 (Pub. L. out-of-pocket expenses related to their
protocols, and skill-based training to
106–386) was enacted. This law victimization such as medical expenses,
allow teams to work together.
OVC has also supported the provides aid for victims of terrorism and mental health counseling, funeral and
examination of materials and protocols expanded OVC’s authority to respond to burial costs, and lost wages. State
to address the immediate and longer- incidents of terrorism and mass violence agencies fund a wide variety of direct
term mental health needs of victims of outside the United States. Congress assistance to victims of federal and state
terrorism and mass violence; the authorized the OVC Director: to deposit crimes such as crisis counseling,
preparation of materials for federal law deobligated dollars from other funded temporary shelter, and criminal justice
enforcement to assist victims of program areas into the Emergency advocacy. OVC works in concert with
domestic and international terrorism Reserve; to expand the list of eligible these programs to maximize the limited
and mass violence; the development of applicants for assistance funding in funding available to assist crime victims
training and technical assistance to cases of terrorism outside the United and facilitate coordination among the
federal law enforcement on mental States to include victim service various responding agencies including
health care needs of victims, techniques organizations, public agencies federal law enforcement and
to assist federal law enforcement in (including federal, state, or local prosecution-based victim and witness
coordinating its crisis response role governments), and non-governmental assistance staff.
with state and local agencies and organizations that provide assistance to G. Role of Other Public and Private
community service organizations; and victims of crime; and to establish a Entities
the development of partnerships program to compensate victims of acts
between mental health and victim of international terrorism that occur Public and private sector
assistance disciplines at the state and outside the United States. The USA organizations have a unique role in
local levels. Although funding available PATRIOT Act of 2001 expanded the list meeting the needs of crime victims
under these final Guidelines is intended of eligible recipients for funding in through their various mandates and
to assist jurisdictions in the aftermath of cases of terrorism within the United programs. Organizations like the United
a terrorist event or mass violence States to not only include eligible state Way, the American Red Cross, and
incident, other resources and assistance crime victim compensation and others offer important large-scale
are available from OVC to assist with assistance programs, but also victim response to communities victimized by
pre-crisis planning. service organizations, public agencies— crime. In addition, community-based,
Jurisdictions interested in crisis federal, state, and local governments, nonprofit victim assistance programs
response planning are encouraged to and non-governmental organizations provide a wide range of vital services to
contact OVC for more information about that provide assistance to victims. victims of crime that complement
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Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Notices 4827
assistance available from other public organizations that provide assistance to means an intentional violent criminal
and private agencies. victims. act, for which a formal investigation has
been opened by the Federal Bureau of
III. Statutory Language and Definitions B. Definitions
Investigation or other law enforcement
for This Program
1. Terrorism Occurring Within the agency, that results in physical,
A. Victims of Crime Act and United States emotional or psychological injury to a
Amendments For the purposes of the Antiterrorism sufficiently large number of people as to
The Antiterrorism and Effective Death and Emergency Assistance Program, significantly increase the burden of
Penalty Act of 1996 gave OVC the ‘‘terrorism occurring within the United victim assistance and compensation for
authority to establish and access the States’’ is defined by the term ‘‘domestic the responding jurisdiction as
Emergency Reserve account in terrorism terrorism’’ found in 18 U.S.C. 2331, as determined by the OVC Director.
and mass violence cases. The Act amended. (As of the publication of these 4. Emergency Relief
amended the VOCA adding a new Guidelines, 18 U.S.C. 2331 reads as
‘‘Emergency relief’’ means those
provision, 42 U.S.C. 10603b, which follows: ‘‘domestic terrorism’’ means
activities intended to address a need
covers terrorism or mass violence activities that—(A) Involve acts
which, if left unattended, may result in
occurring either within or outside the dangerous to human life that are a
significant consequences for victims.
United States. The Victims of violation of the criminal laws of the
Emergency relief may include assistance
Trafficking and Violence Protection Act United States or of any State, (B) appear
required immediately following the
of 2000 expanded OVC’s authority to be intended—(i) to intimidate or
crime as well as activities needed
under 42 U.S.C. 10603b(a) to authorize coerce a civilian population; (ii) to
during the investigation and
the OVC Director to provide influence the policy of a government by
prosecution of an act of terrorism or
comprehensive and timely assistance to intimidation or coercion; or (iii) to affect
mass violence.
victims of terrorism occurring outside the conduct of a government by mass
the United States. The USA PATRIOT destruction, assassination or kidnaping; 5. Supplantation
Act of 2001 (Pub. L. 107–56) established and (c) occur primarily within the ‘‘Supplantation’’ means to
a definition of ‘‘domestic terrorism,’’ territorial jurisdiction of the United deliberately reduce state or local funds
expanded the list of eligible applicants States.’’ (18 U.S.C. 2331). because of the availability of federal
for funding in cases of ‘‘domestic funds. For example, when state funds
terrorism,’’ established a new cap on the 2. Terrorism Occurring Outside the
United States are appropriated for a stated purpose
amount of money the OVC Director can and federal funds are awarded for that
set aside to assist victims of terrorism ‘‘Terrorism occurring outside the same purpose, the state replaces its state
and mass violence, and re-titled the United States’’ is defined by the term funds with federal funds, thereby
name of the account in which funding ‘‘international terrorism’’ found in 18 reducing the total amount available for
is set aside for these purposes as the U.S.C. § 2331, as amended. (As of the the stated purpose (See OJP Financial
Emergency Reserve. It also authorized publication of these Guidelines, 18 Guide available on the OJP homepage at
the transfer of money into this account U.S.C. § 2331 reads as follows: ‘‘The www.ojp.usdoj.gov/).
from the emergency supplemental term ‘international terrorism’ means
appropriation for the September 11th activities that—(A) Involve violent acts 6. In-Kind Support/Contribution
attacks on America, specifically to or acts dangerous to human life that are ‘‘In-kind support/contribution’’
support services for the victims and a violation of the criminal laws of the includes, but is not limited to, the
surviving family members of this United States or of any State, or that valuation of in-kind services. ‘‘In-kind’’
terrorist attack. would be a criminal violation if is the value of something received or
OVC may provide funding for committed within the jurisdiction of the provided that does not have a cost
emergency relief to benefit victims, United States or of any State; (B) appear associated with it. For example, if an in-
including crisis response efforts, to be intended—(i) to intimidate or kind match is permitted by law (other
assistance, training, and technical coerce a civilian population; (ii) to than cash payments), then the value of
assistance, and on-going assistance influence the policy of a government by donated services could be used to
including during any investigation or intimidation or coercion; or (iii) to affect comply with the match requirement.
prosecution. Such funding may be the conduct of a government by mass (OJP Financial Guide).
provided to states, victim service destruction, assassination or kidnaping; Note: No specific matching percentage or
organizations, public agencies and (C) occur primarily outside the dollar amount has been established for this
(including federal, state, or local territorial jurisdiction of the United program. However, non-federal contributions
governments), and non-governmental States, or transcend national boundaries (cash or in-kind) are expected from the
organizations that provide assistance to in terms of the means by which they are applicant.
victims of crime. accomplished, the persons they appear
In cases of terrorism or mass violence intended to intimidate or coerce, or the 7. Crisis Counseling
occurring within the United States, 42 locale in which their perpetrators ‘‘Crisis counseling’’ means the
U.S.C. 10603b(b) authorizes OVC to operate or seek asylum.’’ (18 U.S.C. application of individual and group
provide emergency relief, including 2331)). treatment procedures that are designed
crisis response efforts, assistance, to ameliorate mental and emotional
training, and technical assistance for the 3. Mass Violence Occurring Within or
crises and any resulting psychological
benefit of victims of terrorist acts or Outside the United States
and behavioral conditions stemming
mass violence. Funding may be awarded The term ‘‘mass violence’’ is not from a major disaster or its aftermath.
to eligible state crime victim defined in VOCA or any statute
compensation and assistance programs, amending VOCA, nor is it defined in the 8. Mental Health Counseling and Care
victim service organizations, public U.S. Criminal Code. Thus, OVC has ‘‘Mental health counseling and care’’
agencies—federal, state, and local developed a working definition of this means the assessment, diagnosis, and
governments, and non-governmental term. The term ‘‘mass violence’’ herein treatment of an individual’s mental and
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4828 Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Notices
emotional functioning. Mental health Because of the nature of terrorist government or private organizations at
counseling and care must be provided incidents, the term victim will also the discretion of the awarding agency.
by a person, or under the supervision of include individuals who are likely to Cooperative agreements are utilized
a person, who meets state standards to suffer traumatic effects of the incident, when substantial involvement is
provide these services. for example people in direct proximity anticipated between the awarding
to the crime and emergency responders. agency and the recipient during the
9. Undue Financial Hardship
In addition, OVC requires that performance of the contemplated
‘‘Undue financial hardship’’ is one consistent with other portions of VOCA, activity. Under these final Guidelines,
basis upon which OVC will make no individual who is criminally funding awarded to nonprofit
funding determinations. For the purpose culpable for the terrorist act or mass organizations will be made in the form
of these final Guidelines, ‘‘undue violence may receive either assistance of a cooperative agreement.
financial hardship’’ means the or compensation either directly or on
unanticipated allocation of substantial 17. Foreign Power
behalf of a victim.
financial resources that adversely affect (a) ‘‘Foreign power’’ means—
the ability to fund general services for 13. National of the United States (1) A foreign government or any
victims. The term ‘‘national of the United component thereof, whether or not
States’’ is defined by the term ‘‘national recognized by the United States;
10. Property Damage
of the United States’’ found in section (2) Faction of a foreign nation or
‘‘Property damage’’ is damage to 101(a) of the Immigration and nations, not substantially composed of
material goods, but does not include Nationality Act, 8 U.S.C. 1101(a), as United States persons;
damage to prosthetic devices, amended. (As of the publication of these (3) An entity that is openly
eyeglasses, other corrective lenses, Guidelines, 8 U.S.C. 1101 reads as acknowledged by a foreign government
dental devices, or other medically- follows: ‘‘national of the United States’’ or governments to be directed and
related devices. ‘‘Property loss’’ is means (A) a citizen of the United States, controlled by such foreign government
destruction of material goods or the or (B) a person who, though not a or governments;
physical loss of money, stocks, bonds, citizen of the United States, owes (4) A group engaged in international
etc. permanent allegiance to the United terrorism or activities in preparation
11. Victim (International) States.’’ [8 U.S.C. 1101]) A ‘‘person who thereof;
owes permanent allegiance to the (5) A foreign-based political
In cases of international terrorism and United States’’ includes residents of the organization, not substantially
mass violence, the term ‘‘victim’’ has American Samoa and Swain Island, composed of United States persons; or
the same meaning as ‘‘victim’’ in 42 outlying possessions of the United (6) An entity that is directed and
U.S.C. § 10603b, as amended, (As of the States, who have not been granted the controlled by a foreign government or
publication of these Guidelines, 42 privilege of citizenship. governments. (See 50 U.S.C. § 1801(a).)
U.S.C. 10603b reads as follows: ‘‘the
term ‘‘victim’’—(A) means a person who 14. Grant IV. Source of Funding
is a national of the United States or an The term ‘‘grant’’ means an award of A. Crime Victims Fund
officer or an employee of the United federal funds to states, units of local
States Government who is injured or government, or private organizations at A major responsibility of OVC is to
killed as a result of a terrorist act or the discretion of the awarding agency or administer the Crime Victims Fund,
mass violence occurring outside the on the basis of a formula. Grants are which is derived, not from tax dollars,
United States; and (B) in the case of a used to support a public purpose. Under but from fines and penalties paid by
person * * * who is less than 18 years these final Guidelines, VOCA victim federal criminal offenders, and gifts,
of age, incompetent, incapacitated, or assistance and compensation programs donations, and bequests from private
deceased, includes a family member or and other state and local governmental entities or individuals. A large
legal guardian of that person.’’ [42 agencies will be awarded funds in the percentage of the money collected each
U.S.C. § 10603b]), except that (a) it also form of a grant. year is distributed to states to assist in
includes individuals who are likely to funding their victim assistance and
suffer traumatic effects of the incident, 15. Reimbursable Agreement compensation programs. These
for example people in direct proximity The term ‘‘reimbursable agreement’’ programs are the lifeline services that
to the crime and emergency responders; means a written instrument of help many victims to cope with the
and (b) notwithstanding any other agreement for services or goods made devastation of crime. The Fund also
provision hereof, in no event shall an between the Office of Justice Programs supports OVC’s training, technical
individual who is criminally culpable (OJP) or one of its bureaus or offices and assistance and demonstration efforts,
for the terrorist act or mass violence another federal agency or a state or local direct services to victims of federal
receive any assistance under this government agency. Each Reimbursable crime, program evaluation and
section, either directly or on behalf of a Agreement entered into by an OJP compliance efforts, and fellowships and
victim. bureau/office to reimburse another clinical internships.
agency will result in the establishment B. Antiterrorism Emergency Reserve
12. Victim (Domestic)
of an obligation. Such funding
In cases of terrorism and mass arrangements are negotiated by the The OVC Director is authorized to
violence within the United States, the entities involved. Under these final hold certain amounts from of the Crime
term ‘‘victim’’ has the same meaning as Guidelines, the transfer of funds to Victims Fund in reserve for three
‘‘victim’’ in 42 USCA 10603c, as federal agencies will be in the form of purposes—(i) To support compensation
amended. (As of the publication of these a reimbursable agreement. and assistance services for victims of
Guidelines, 42 U.S.C. 10603c defines domestic terrorism or mass violence, (ii)
‘‘victim’’ as a person who has suffered 16. Cooperative Agreement to support assistance services to victims
direct physical or emotional harm as a The term ‘‘cooperative agreement’’ of international terrorism, and (iii) to
result of the commission of a crime.) means an award to states, units of local fund directly an International Terrorism
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Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Notices 4829
Victim Compensation Program. Thus far terrorist and mass violence event. The VI. Allowable Activities and Costs
this money has been used to assist the nature of the support being requested is The range of services that OVC will
victims of the September 11, 2001 a factor in determining the amount as support for victims of terrorism and
terrorist attacks on America, Oklahoma well as the extent to which the response mass violence is outlined in this
City bombing, the East Africa embassy involves activities that will result in section. Allowable expenses are based,
bombings, Pan Am Flight 103 bombing, permanent improvements in how in part, on activities authorized in
and school shootings in Oregon and victims access and participate in guidelines established for OVC’s Federal
Colorado. In the September 11th attacks criminal justice proceedings such as the Emergency Assistance Fund and VOCA
on America, and the Oklahoma City and development of protocols and systems Victim Assistance and Compensation
Pan Am Flight 103 bombing cases, to enhance victim notification. Program Guidelines. In addition, OVC
Congress enacted special legislation that Note: It is within the OVC Director’s has relied upon the requirements of the
expanded OVC’s authority to fund authority to approve or deny requests for Attorney General Guidelines for Victim
activities beyond the parameters of its support for subsequent or parallel state
and Witness Assistance to afford rights
previous governing statute. criminal investigations and prosecutions.
and provide services to federal crime
V. Types of Assistance D. Crime Victim Compensation Grants victims to guide the development of
are designed to provide supplemental these final Guidelines.
There are five types of support funding to a state crime victim
available from OVC to respond to Services identified in these final
compensation program that reimburses Guidelines are intended to complement
terrorism and mass violence: (a) Crisis victims for out-of-pocket expenses
response grants; (b) consequence services that are available from other
related to their victimization in cases of agencies and organizations. Funding is
management grants; (c) criminal justice terrorism or mass violence occurring
support grants; (d) compensation grants; expected to support a ‘‘base’’ level of
within the United States. Grant funds assistance to the victims of the terrorism
and e) technical assistance/training
may be used to pay claims to victims for or mass violence event. Funding may be
services. Jurisdictions are not limited to
costs that include, but are not limited to, used to support activities that are
receiving only one type of assistance.
medical and mental health counseling deemed necessary and essential to the
Funding and other assistance may be
costs, funeral and burial costs, and lost provision of services, including a
provided for an extended period of time
wages. (See Section VI for other limited amount, as agreed upon by OVC
if a justification is provided by the
allowable activities and costs.) and the applicant, for administrative
applicant. The established time frames
Emergency Reserve funds may not be purposes. These services include but are
for funding are flexible and not
used to cover property damage or not limited to the following:
intended to prohibit the submission of
property loss. (See ‘‘Definitions’’ section
applications at a different time, if A. Crisis Response Assistance
of these Guidelines.) OVC may provide
warranted.
Justification for an extension must funding to other organizations to cover Assistance securing compensation
meet the ‘‘emergency relief’’ expenses not traditionally covered by Automated informational telephone
requirement, as determined by the OVC state crime victim compensation services
programs. OVC will coordinate such Child and dependent care
Director and the Office of General Coordination
Counsel. Funding may be provided for awards with state crime victim
compensation programs. Crisis counseling
each type of assistance available; Emergency food, housing, and clothing
however, coordination among the In the event that a state recovers
Emergency travel and transportation
applicants is expected and a separate expenses on behalf of a victim from a
Employer and creditor intervention
application must be submitted for each. collateral source, the amount recovered Outreach, awareness, and education
OVC does not provide funding directly must be used either (1) to assist other Toll-free telephone lines
to individual crime victims, except victims of the same crime for which Victim/Community needs assessment
compensation benefits to qualified funds were awarded, or (2) returned to (limited)
applicants in the case of international OVC and deobligated in accordance
with the applicable provisions of the B. Consequence Management Assistance
terrorism.
A. Crisis Response Grants OJP Financial Guide and Section Counseling and group therapy
(emergency/short-term, up to 9 months) 1402(e)of VOCA. Case management
are designed to provide resources to E. Request for Training and Technical Employer and creditor intervention
help victims rebuild adaptive capacities, Assistance. A request for training or Victim informational websites
decrease stressors, and to reduce technical assistance may be made any Rehabilitation expenses
time during the aftermath of a terrorism Vocational rehabilitation
symptoms of trauma immediately Temporary housing, per diem, and
following the terrorism or mass violence or mass violence event and during the
criminal justice investigation or relocation
event. Requests for crisis response Emergency travel or transportation
funding must be made as soon as prosecution. Technical assistance is
Victim/Community needs assessment
practicable following the terrorism or principally available to help federal,
(expanded)
mass violence event. state, and local authorities identify Outreach, awareness, and education
B. Consequence Management Grants victim needs and needed resources, to Automated informational telephone
(on-going/longer-term, up to 18 months) coordinate services to victims, to services
are designed to provide supplemental develop short- and longer-term Coordination
resources to help victims adapt to the strategies for responding, and for other
trauma event and to restore victims’ purposes deemed appropriate by the C. Criminal Justice Support Assistance
sense of equilibrium. OVC Director. While no direct funding Assistance with victim impact
C. Criminal Justice Support Grants is available, OVC may the use the statements
(on-going/longer-term, up to 36 months) Emergency Reserve to support the Attorney advisor and victim advocate
are designed to facilitate victim expenses of experts to meet the training personnel cost
participation in an investigation or and technical assistance needs of Automated informational telephone
prosecution directly related to the applicants. services
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4830 Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Notices
Case briefings by investigators, special authorization and appropriation the resources of multiple agencies
prosecutors supporting allocations to other (local, state, and federal) are involved.
Coordination jurisdictions, or a compelling In developing these final Guidelines,
Criminal justice notification justification can be provided to the OVC OVC has drawn heavily upon the
Information and Referral Director supporting requests from other experiences of agencies such as the
Outreach, awareness, and education jurisdictions. Federal Emergency Management Agency
Support victim participation in criminal It is the responsibility of the and the Center for Mental Health
justice proceedings, e.g., travel/ jurisdiction where the crime occurred to Services, both of which have
transportation to court or closed- conduct the necessary outreach and responsibility for providing assistance
circuit viewing facility, counseling, make services and/or funding available to communities following disasters
advocacy, etc. to all victims of crimes which occur within the United States. OVC will work
Victim/Community needs assessment within their boundaries. However, if a closely with applicants to ensure the
Victim Identification substantial number of victims/surviving most appropriate utilization of
Victim Information (printed and family members reside in another resources. Applicants should identify
electronic) jurisdiction, in cases when the applicant other public and private entities that
is a state agency, the grantee may sub- have been consulted in the process of
D. Crime Victim Compensation (in cases award Antiterrorism Emergency Reserve preparing the application and describe
of domestic terrorism) dollars received from OVC to another how the proposed services fit within the
Autopsy, refrigeration, and transport of jurisdiction/eligible state agency when overall scheme for addressing victim
body doing so is an efficient and cost- needs.
Coordination effective way to provide services to OVC will consider the level of
Co-payments required by insurance victims/survivors who reside in another coordination and the availability of
programs state. resources from other federal, state, local,
Emergency travel and/or transportation OVC will not provide funding to a and private entities in making funding
costs foreign power or domestic organization determinations. Extensive coordination
Long-distance telephone costs to contact operated for the purpose of engaging in with agencies such as state emergency
family members any significant political or lobbying preparedness, state mental health, local
Medical expenses including non- activities or to individual crime victims. chapters of the American Red Cross and
medical attendant services, The funded applicant may the United Way, and between federal
rehabilitation and physical therapy subcontract Antiterrorism Emergency and state law enforcement and
diagnostic examinations, prosthetic Reserve dollars to another organization prosecutor personnel is a necessary
devices, eyeglasses with the concurrence of OVC. component of an effective response to
Outpatient mental health treatment/ Subcontracting entities must meet the terrorism and mass violence and a
therapy eligibility criteria and abide by the criterion upon which OVC will base its
Outreach, awareness, and education statutory provisions contained in funding decision.
Note: Allowable activities in one category VOCA, the Antiterrorism and Effective In cases of terrorism and mass
may be necessary and authorized in another Death Penalty Act, the Victims of violence abroad, the short-term and
funding category. Trafficking and Violence Protection Act, subsequent responses may involve
the USA PATRIOT Act of 2001, and the resources of numerous federal and state
E. Training and Technical Assistance requirements set forth in these final agencies and non-governmental
Conducting needs assessment and Guidelines. organizations, depending upon the
planning nature of the incident and location.
B. Eligible Recipients of Benefits and
Defining the mental health needs of Coordination of efforts in these cases is
Services
victims critical and OVC will work closely with
Identifying strategies for integrating In cases abroad, eligible recipients applicants to ensure the most
victim assistance in the incident include victims who are nationals of the appropriate utilization of resources.
command structure United States or an officer or employee
of the United States Government as D. Areas of Special Concern
Improving coordination and
collaboration between responding defined in section III(B), (11) of these In the development of a request for
agencies/organizations final Guidelines. Unless otherwise assistance, the applicant must be
Linking mental health services and indicated, these individuals are cognizant of special concerns, such as
victim assistance services generally eligible for assistance from applicable state or federal victims’ rights
Working cooperatively in a multi- federally-funded victim assistance laws and requirements, and the needs of
disciplinary environment programs. In cases of terrorism and mass populations that are especially
violence within the United States, vulnerable, such as children, the
VII. Accessing Antiterrorism eligible recipients of compensation and elderly, and people with disabilities,
Emergency Reserve assistance include victims as defined in and people of different ethnic
A. Eligible Applicants section III (B)(12) of these final backgrounds.
Guidelines, including victims of other
Applicants eligible for funding E. Application Process
crimes where a causal relationship to
include state victim assistance and the terrorist incident can be established. An application for funding should be
victim compensation programs, public submitted to the OVC Director as soon
agencies including federal, state, and C. Coordination of Effort With Other as appropriate following a terrorist or
local governments, and victim service Public and Private Entities mass violence event by the appropriate
and non-governmental organizations. In No single agency can effectively state or federal official, or private victim
cases within the United States, respond to and meet all of the short- and service or non-governmental
applications will be accepted only from longer-term needs of victims of a organization. OVC has developed an
the jurisdiction in which the crime terrorist or mass violence incident. In application kit for Antiterrorism and
occurred unless a statute establishes a most instances within the United States Emergency Reserve dollars. The kit is
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Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Notices 4831
available on the OVC Web-site at In addition, applicants, except federal I. Amount of Funding Available per
www.ojp.usdoj.gov/ovc at the ‘‘grants agencies, must submit (1) SF 424, Incident
and funding’’ page and will be mailed Application for Federal Funding and The amount of funding available is
or faxed to potential applicants upon applicable assurances and forms; and (2) decided on a case-by-case basis based
request. Budget and budget narrative including a on factors such as the availability of
There are two factors that determine description of all other federal and non- other resources, the severity of the
the application submission federal contributions (cash or in-kind). impact, and the number of people
requirements: (1) The applicant status, suffering from physical, emotional, or
i.e., government agency (federal, state, To Request Training and Technical
psychological injury. OVC will not
or local), non-governmental Assistance Support
provide total (100%) reimbursement to
organization, or victim service any jurisdiction or program for activities
Training and technical assistance may
organization; and (2) the type of support undertaken to assist victims of terrorism
requested, i.e., crisis response, be requested by submitting a letter
describing the nature of the problem; or mass violence. The amount of
consequence management, criminal funding made available will be
justice, victim compensation, and/or the type of expertise or assistance
needed; the duration of assistance; and influenced by the availability of funding
technical assistance (no direct funding). from other federal, state, local and
Application requirements are listed the projected outcomes of the technical
assistance or training. private sources as well as support for
below. services financed by private non-profit
Application Requirements for State Application Processing and Turnaround organizations such as the United Way,
Crime Victim Compensation Programs Time American Red Cross, and other
charitable organizations in the wake of
Funding will be made available to It is OVC’s intention to provide rapid an act of terrorism or mass violence. In
state crime victim compensation support to assist victims of terrorism addition, funding amounts may be
programs in the form of a grant. and mass violence. Upon receipt of a affected by the duration of the response.
Requests for funding from state crime letter of request and application, an If amounts awarded are not expended
victim compensation programs may be OVC staff person will review the by the end of the grant period, they
made at any time and should include: request, may contact the requesting must be returned to OVC for
(1) A description of the qualifying agency to clarify any ambiguities, and deobligation in accordance with the
crime; (2) the projected number of make a recommendation to the OVC applicable provisions of the OJP
claims to be paid and the projected Director regarding the funding request Financial Guide and Section 1402(e)of
number of claimants to receive in accordance with OVC’s internal VOCA.
payments; (3) the state’s maximum protocol for responding to incidents of
award amount by category, e.g., J. Grant Period
terrorism and mass violence. The
medical, mental health, loss wages, The grant period for funding is
applicant can expect to receive
funeral, etc.; and (4) SF 424, negotiable within the parameters
notification regarding the determination
Application for Federal Assistance and outlined in VOCA. Because of the
from OVC within 5 business days. The
applicable assurances and forms. The nature of this funding program, OVC
request should also describe the range of applicant will be notified via telephone,
Internet, or facsimile. will not provide long-term funding to
expenses covered by the program and support a single terrorist or mass
the amount of state funding available to A determination by the OVC Director violence event, except for criminal
cover victim claims. to make funding available will be justice support grants when an
followed by a complete review of the investigation and prosecution are
Application Requirements for all Other
application including an analysis and prolonged. Specific time frames have
Recipients of Funds
approval of the budget by the Office of been identified for each type of
All other applicants seeking the Comptroller. Funds will be available assistance. However, if special
Emergency Reserve support are required upon completion of the review and circumstances exist, funding and other
to submit a letter of request containing written notification and acceptance of assistance may be provided for an
the following information: the award. extended period of time, as determined
(1) Type of crime and description of by the OVC Director based upon
There is no specific due date for
the criminal event; justification provided by the applicant.
applications. However, the type of
(2) Identification of the lead law
assistance available is subject to the K. Requests for Reconsideration
enforcement agency conducting the
time frame when the application is
investigation; The OVC Director may deny a request
received, i.e., an applicant who submits
(3) Estimated number of victims for funding, if the applicant fails to
affected by the crime; a request 18 months after the
catastrophic event will not be eligible to document the need for federal funds, if
(4) Description of the applicant’s role the purposes for which funding is being
in responding to the victim population receive a ‘‘crisis response’’ grant.
sought fall outside the statutory
since the date of the incident; H. Pre-Agreement Costs authority for the use of these funds, or
(5) Description of services that if funding is unavailable, or for other
funding will support and how these Generally, since a community may reasons deemed appropriate by the OVC
efforts will complement services in incur substantial costs immediately Director. Applicants may request
place or respond to an unmet need; following a terrorist act or mass violence reconsideration of the request based on
(6) The amount of funding requested event, OVC may, upon request, approve additional information, changes in the
and the time frame for support; and costs which were incurred prior to the circumstances, or the withdrawal or
(7) Description of outreach and start date of the award. The applicant termination of funding from other
coordination with other public and should not assume that pre-agreement sources. Requests for reconsideration
private entities in the process of costs are covered without formal should be sent to the OVC Director and
preparing the request for assistance. notification from OVC. should include the basis for
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4832 Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Notices
reconsideration of the initial request. information, no other records narrative summation of the activities
The OVC Director will review the identifiable to a specific private person and efforts supported by Emergency
request and render a decision within 5 that are gathered by a recipient of VOCA Reserve dollars to include a description
business days of the submission. The funds for the purpose of providing of coordination efforts, intra- and inter-
OVC Director may request additional victim assistance services as described agency protocols, new services and
information from the applicant or in this Guideline may be released programs established, and other large-
recommend alternative support from without the specific written consent of scale activities.
OVC such as technical assistance in lieu that private person, except as otherwise Note: This information will be used to
of direct funding. provided by federal law, including but assess service needs of victims and
not limited to Department of Justice communities following a large-scale criminal
L. Federal Monitoring and Oversight disaster.
authority to access information for
Recipients of funds are subject to auditing, monitoring, or oversight of the
periodic reviews of financial and service 2. Service Statistics
program. This is particularly important
delivery records and procedures by the for victim service agencies that plan to Provide detailed information on
Office of the Comptroller, the General develop victim databases containing victims served, types of services
Accounting Office, the DOJ Office of the specific victim information. These rendered, number of victims assisted,
Inspector General, OJP’s Office of Civil provisions are intended, among other amount of funding expended, purpose
Rights Compliance, or OVC. Recipients things, to assure the confidentiality of of each expenditure, e.g., hire staff,
must provide authorized representatives information provided by crime victims secure space, subcontract(s) for services
with access to examine all records, to employees of VOCA-funded (include the number of subcontracts,
books, papers, case files, or other programs. There is nothing in VOCA or description of the activity
documents related to the expenditure of its legislative history to indicate that subcontracted, the name of the contract
funds received under this grant Congress intended to override or repeal, recipient), conduct training, equipment,
program. in effect, a state’s existing laws travel and transportation, etc.
M. Suspension and Termination of governing the disclosure of information, Note: This information will be used for
Funding which is supportive of VOCA’s future revisions to these Guidelines, to
fundamental goal of helping crime inform the development of training and
If, after notice, OVC finds that the technical assistance by OVC, to document
recipient has failed to comply victims.
expenditure of funds, and to document the
substantially with VOCA, including its VIII. Reporting Requirements impact and effectiveness of the federal
prohibitions of discrimination on the intervention.
basis of race, color, religion, national A. Financial Reporting Requirements
origin, handicap, or sex, the OJP As a condition of receiving funding, 3. Description of Plans for Addressing
Financial Guide (effective edition), the recipients must agree to comply with Longer Term and Unmet Needs
terms outlined in the application or the general and specific requirements of Describe any on-going needs of the
award document, the final Guidelines, the OJP Financial Guide, applicable victims and community, any unmet
or any implementing regulation or Office of Management and Budget needs, and resources available or
requirement, the OVC Director may (OMB) Circulars, and Common Rules. needed to support services once these
suspend or terminate funding to the This includes maintenance of books and federal funds have been exhausted.
recipient agency and/or take other records in accordance with generally- Note: This information will be used to
appropriate action. Under the accepted government accounting assess the time frames for established types
procedures of 28 CFR Part 18, recipients principles. Copies of the OJP Financial of assistance, the level of funding available
may request a hearing on the Guide may be obtained by writing the from OVC, to identify additional sources of
justification for the suspension and/or Office of Justice Programs, Office of the funding, and to make modifications to these
termination of Emergency Reserve Comptroller, 810 7th Street, NW., Guidelines, as appropriate, to meet unmet
assistance. Washington, DC 20531 or can be needs.
accessed at the OJP Web-site at http://
N. Confidentiality and Privacy 4. Evaluation/Assessment of the
www.ojp.usdoj.gov/FinGuide/. Note:
Requirements Effectiveness of the Response
Financial Status Reports must be
Except as otherwise provided by submitted to the Office of the Briefly describe findings of any
federal law, pursuant to 42 U.S.C. Comptroller for each calendar quarter in assessment of the victim service
10604(d), no officer or employee of the which the grant is active. This report is strategy, victim satisfaction with
Federal Government or recipients of due even if no obligations or services rendered, and lessons learned.
monies under VOCA shall use or reveal expenditures were incurred during the Note: This information will be used by
any research or statistical information reporting period. OVC in planning future training and
gathered under this program by any technical assistance activities, and to report
person, and identifiable to any specific B. Program Reporting Requirements to Congress on the effectiveness of
private person, for any purpose other Recipients of Emergency Reserve interventions with victims in cases of
than the purpose for which such dollars are required to submit terrorism or mass violence.
information was obtained. Such semiannual and final progress reports State agencies that administer the
information, and any copy of such containing the following information VOCA formula grants and receive
information, shall be immune from legal documenting how funds were expended Emergency Reserve dollars to respond to
process and shall not, without the to respond to terrorism and mass a case of terrorism or mass violence
consent of the person furnishing such violence: should report services and assistance
information, be admitted as evidence or rendered to victims on the state
used for any purpose in any action, suit, 1. Description of Services Provided performance report, and provide a
or other judicial, legislative, or Provide a general description of the supplemental summary of the overall
administrative proceeding. In addition range of services provided for each type effort in accordance with section
to such research or statistical of assistance received. This should be a VIII(B)(1)(3)(4) above.
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Federal Register / Vol. 67, No. 21 / Thursday, January 31, 2002 / Notices 4833
Dated: January 25, 2002.
John W. Gillis,
Director, Office for Victims of Crime.
[FR Doc. 02–2299 Filed 1–30–02; 8:45 am]
BILLING CODE 4410–10–P
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