guidelines

27158

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Notices

DEPARTMENT OF JUSTICE
Office for Victims of Crime
[OJP(OVC)–1319]

Victims of Crime Act Victim
Compensation Grant Program
AGENCY: Office for Victims of Crime,
Office of Justice Programs, Justice.
ACTION: Final program guidelines.

The Office for Victims of
Crime (OVC), United States Department
of Justice (DOJ) is publishing Final
Guidelines to implement the crime
victim compensation grant program as
authorized by the Victims of Crime Act
of 1984, as amended, 42 U.S.C. 10601,
et seq., hereafter referred to as VOCA.
EFFECTIVE DATE: These Final Guidelines
are effective upon publication in the
Federal Register or until reissuance by
OVC.
FOR FURTHER INFORMATION CONTACT:
Carol R. Watkins, Director, State
Compensation and Assistance Division,
Office for Victims of Crime 810 Seventh
Street, NW., Washington, DC 20531;
phone: (202) 514–4696. (This is not a
toll-free number). Email:[email protected]
SUMMARY:

The
Victims of Crime Act (VOCA) authorizes
federal financial assistance to states for
the purposes of compensating and
assisting crime victims, funding training
and technical assistance, and serving
victims of federal crimes. These Final
Guidelines provide information
specifically for the administration and
implementation of the VOCA crime
victim compensation grant program as
authorized in section 1403 of VOCA,
Public Law 98–473, as amended,
codified at 42 U.S.C. 10602.

SUPPLEMENTARY INFORMATION:

Summary of the Revisions to the Final
Guidelines for the Victims of Crime Act
Crime Victim Compensation Grant
Program
These Final Guidelines for the VOCA
Crime Victim Compensation Grant
Program are in accordance with VOCA
and are all inclusive. Thus, these Final
Guidelines supersede any VOCA Crime
Victim Compensation Grant Program
Guidelines previously issued by OVC.
The changes contained in these Final
Guidelines result from developments in
the criminal justice and victim services
fields since the 1997 Guidelines were
issued.
OVC published in the Federal
Register Proposed VOCA Crime Victim
Compensation Program Guidelines that
were distributed to interested
individuals and organizations for the

VerDate 112000

19:55 May 15, 2001

Jkt 194001

purpose of soliciting comments. Copies
were mailed to all state VOCA victim
compensation and assistance program
administrators, to executive directors of
national victim organizations, and to
VOCA victim assistance subgrantee
programs. OVC received 16 responses
from state VOCA victim compensation
administrators and the National
Association of Crime Victim
Compensation Boards; representatives
of other victim services organizations,
law enforcement, and U.S. Attorneys
Offices; one local organization
representing senior citizens; and one
national association representing
financial planners.
I. Comments From the Field
A. Nonviolent Crimes
VOCA administrators questioned the
statutory authority to include
nonviolent crimes and the related
victim expenses under VOCA crime
victim compensation funding. As a
result, the Final Guidelines have been
clarified to explain that VOCA does not
prohibit coverage of nonviolent crimes
and that states choosing to cover these
crimes may include amounts paid to
these victims in their certified payout
figures, which are used to determine the
amount of federal funding the state is
entitled to receive. Compensable
expenses could include crisis
counseling, mental health treatment,
financial counseling, and other services
funded by a state’s program. The Final
Guidelines have also been clarified to
explain that amounts paid by states to
victims for property, damaged or lost in
violent or nonviolent crimes, except in
certain instances, cannot be included in
a state’s certified payout figures. The
Final Guidelines emphasize that priority
under VOCA continues to be coverage
for victims of violent crime.
B. Encouragement From OVC To
Expand Coverage
Two respondents questioned OVC’s
encouragement to expand coverage of
certain crimes, expenses, and victims
within the Guidelines, stating that the
Guidelines establish policy, and that
encouragements are better addressed
through other means. OVC has removed
the encouragements from the body of
the Final Guidelines and has explained
its identification of emerging trends and
unmet needs of crime victims in a
preamble. This information is provided
for states to consider as they examine
their programs’ responsiveness to crime
victims and strive to improve the range
of assistance provided. The Final
Guidelines state that these are not
mandates and emphasize that it is

PO 00000

Frm 00098

Fmt 4703

Sfmt 4703

within the discretion of the state to
determine coverage under its
compensation statute, rule, or other
established policy. The Final Guidelines
also clarify that state funds paid to
crime victims for these purposes may be
included in a state’s annual certification
of payments to victims.
C. Victims Experiencing Financial Loss
as a Result of Crime
Five respondents expressed support
for inclusion of economic crime as a
compensable crime category that states
may include in their annual certification
of payments. Others acknowledged that
while victims of economic crime have
needs, priority must remain with
meeting the needs of victims of violent
crime. As a result, economic crime is
addressed in the preamble to the Final
Guidelines and the body of the Final
Guidelines emphasize that priority
under VOCA is given to victims of
violent crime.
Respondents sought clarification on
use of the term financial planning in the
proposed Guidelines. Since the term
conflicts with a term used by
professional financial planners who
assist with investments, insurance, and
estate planning, the term used in the
Final Guidelines has been changed to
financial counseling.
The purpose of financial counseling
services is to assist victims who have to
restructure their financial affairs
because of a crime. These claimants may
be survivors of homicide victims or
victims of domestic violence, fraud, or
other crimes. Allowable activities
provided by financial counselors
include but are not limited to: Analysis
of a victim’s financial situation such as
income producing capacity and crimerelated financial obligations; assistance
with restructuring budget and debt;
assistance in accessing insurance,
public assistance, and other benefits;
assistance in completing financial
impact statements for criminal or civil
courts; and assistance in settling estates
and handling guardianship concerns.
D. Victim Cooperation With Law
Enforcement
One respondent commented that
requiring a victim who is a vulnerable
adult to report a crime to law
enforcement is unrealistic. As a result,
these Final Guidelines allow a state to
accept, as an indication of a victim’s
cooperation with law enforcement, a
crime report to law enforcement or to a
child or adult protective services agency
from a mandated reporter or other
person knowledgeable about a crime
against a child or a vulnerable adult.

E:\FR\FM\16MYN1.SGM

pfrm04

PsN: 16MYN1

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Notices
A crime victim’s willingness to
cooperate with law enforcement may be
affected by compelling health or safety
concerns including apprehension about
personal safety, fear of retaliation, and
intimidation by the offender or others.
Crime victims may be reluctant to
cooperate fully with law enforcement
after receiving threats of violence or
death against themselves and their
families from the offender.
Many barriers—age, psychological,
cultural, and linguistic—may affect the
victim’s ability to cooperate with law
enforcement. There may be unique
barriers deterring a young child or
senior citizen from complying fully with
law enforcement. Embarrassment,
shame, and the psychological trauma
may delay the reporting of sexual
assault. Cultural and language
differences may diminish a victim’s
access to and understanding of the
criminal justice system. In setting the
standard for victim cooperation with
law enforcement, OVC encourages state
programs to determine how to address
these considerations.
E. Crime Scene Cleanup
VOCA administrators requested
clarification on what could be covered
under crime scene cleanup. Since state
statute, rules, and policy dictate
allowable expenses for this service, the
Final Guidelines have been clarified to
say that states may not include property
replacement or repair cost, except for
replacement of locks and windows, and
replacement of bedding and clothing
held as evidence, in their annual
certification of payments.
F. Nonsupplantation
One respondent asked OVC to clarify
if the use of federal funds that a state
receives as a result of the expenditure of
state revenues constitutes
supplantation. As a result, clarifying
language has been added stating that use
of federal funds received as a result of
its certified state payouts is not
supplantation.
II. Legislative Changes
A. Child Abuse Prevention and
Enforcement Act
This Act amended VOCA to allow for
an increase in funds set aside for child
abuse victims from $10 million up to
$20 million. This occurs in any fiscal
year in which Crime Victim Fund
deposits are greater than the amount
deposited in Fiscal Year 1998. An
amount equal to 50 percent of the
increase plus the base amount of $10
million is available for this purpose.
This applies regardless of whether there

VerDate 112000

19:55 May 15, 2001

Jkt 194001

27159

is a cap on the amount of money made
available from the Fund for VOCA
purposes.

III. Final Program Guidelines for VOCA
Crime Victim Compensation Grant
Program

B. Consolidated Appropriations Acts of
Fiscal Year 1997 and 2000

The Office for Victims of Crime
(OVC), U.S. Department of Justice (DOJ)
is publishing these Final Guidelines for
the VOCA Crime Victim Compensation
Grant Program (hereinafter referred to as
Final Guidelines) to implement the
victim compensation grant program as
authorized by the Victims of Crime Act
(VOCA) of 1984, as amended, 42 U.S.C.
10601, et seq. These Final Guidelines
are in accordance with VOCA and
supersede any Guidelines previously
issued by OVC.

The VOCA distribution formula was
amended to provide funds for victim
assistance provided through the Federal
Criminal Justice System.
C. Victims of Trafficking and Violence
Protection Act of 2000
Provides: 1. Aid for victims of
terrorism and expanded OVC’s authority
to respond to incidents of terrorism
outside the United States and of
terrorism and mass violence occurring
within the United States; 2.
authorization for the OVC Director to
increase money set aside for the
Antiterrorism and Emergency Fund to
$100 million and to deposit deobligated
dollars from other funded program areas
into this Fund; 3. an expanded list of
eligible applicants for Antiterrorism and
Emergency Funds for incidents of
terrorism outside the U.S. to include,
not only states and United States
Attorneys Offices, but also victim
service organizations, and public
agencies (including Federal, State, or
local governments), and nongovernmental organizations that provide
assistance to victims of crime for
provision of emergency relief including
crisis response efforts, assistance,
training and technical assistance and
on-going assistance including during
any investigation and prosecution [42
U.S.C. 10603b(a)]; 4. an expanded range
of support provided to victims of
terrorism and mass violence beyond
emergency relief to include crisis
response efforts, assistance, training and
technical assistance and on-going
assistance; 5. for the establishment of a
program to compensate victims of acts
of international terrorism that occur
outside the United States for associated
expenses.
OVC will publish separate guidelines
entitled Antiterrorism and Emergency
Fund Guidelines for Terrorism and Mass
Violence Crimes and for the
International Crime Victim
Compensation Program.
In addition, the Act establishes policy
for international trafficking in persons
and provides access to services and
accommodation in immigration status
for victims of severe forms of trafficking,
regardless of their immigration status. It
also establishes a new, non-immigrant
visa classification for certain victims of
severe forms of trafficking.

PO 00000

Frm 00099

Fmt 4703

Sfmt 4703

A. Preamble
OVC has administered the VOCA
crime victim compensation program for
fourteen years, funded hundreds of
discretionary grants, hosted many focus
groups with experts from various fields
that serve crime victims, and responded
to issues and concerns of hundreds of
crime victims. Through these contacts,
OVC has identified a number of
emerging trends and unmet needs.
OVC’s partnership with states to meet
the needs of all crime victims has, in
some cases, resulted in statutory and
policy changes. While no specific
amendments have been made to VOCA
to address many of these emerging
issues and needs, OVC shares this
information with states for
consideration as they examine their
programs’ responsiveness to crime
victims and strive to improve the range
of assistance provided.
OVC has identified emerging issues
and unmet needs for the following four
groups of victims and crimes and
acknowledges that many states already
compensate crime victims in some or
most of these categories.
1. Crimes Involving Threat But Not
Physical Injury. Many crimes involve
threat but the victims suffer no physical
injury. For example, a stalking victim
may be intimidated and harassed over
the Internet but not physically attacked
by the stalker and a robbery victim may
be threatened with a weapon but not
physically injured. Another example
would be incidents such as school and
workplace shootings in which many
people are in danger but not all are
physically injured or killed. In property
related hate crimes, windows may be
broken and graffiti painted on a home,
with the intent to intimidate and cause
fear in a person or family. In all of these
instances, persons may be seriously
traumatized by a crime but not be
physically injured. States are
encouraged to consider the safety and
mental health needs of these victims.

E:\FR\FM\16MYN1.SGM

pfrm04

PsN: 16MYN1

27160

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Notices

2. Witnesses to Violence. The primary
group considered under this category is
children who witness domestic
violence. In addition, in mass violence
incidents, others impacted by the
violence may be considered victims.
States are encouraged to consider the
mental health and other needs of these
victims.
3. Economic Crime. Increasing
attention is being directed by law
enforcement officials to economic
crime. While anyone can be a victim of
financial fraud, often criminals target
elders specifically. In addition, identity
theft can damage or destroy the
financial integrity of many unsuspecting
adults. Economic crime can have a
devastating impact on victims
emotionally, physically, and financially.
States are encouraged to consider the
needs of these victims.
4. State Residents Who Are Victims of
Crime Outside U.S. Jurisdiction. As
required by VOCA, all states provide
benefits under their crime victim
compensation programs for victims of
terrorism occurring outside the United
States. Because state residents function
in a global society, OVC encourages
coverage of residents who are victims of
crimes other than terrorism that occur
when they are outside the territorial
jurisdiction of the U.S. This would
allow coverage to residents who are
studying, conducting business, touring,
and living abroad. It would also cover
victims of crimes occurring on
international waters.
Again, OVC’s purpose in identifying
the above emerging trends and unmet
needs of crime victims is to challenge
states to assess the comprehensiveness
of their crime victim compensation
programs and to provide needed
background information for those states
desiring to expand the scope of crimes
and benefits provided to people
victimized by crime. The identification
of these issues does not constitute a
mandate or requirement of states
beyond the statutory requirements
outlined in VOCA.
These VOCA Final Guidelines are
outlined as follows:
I. Definitions
II. Background
III. Funding Allocations
IV. State Eligibility Criteria
V. State Certification
VI. Application Process and Performance
Reporting
VII. Administrative Costs
VIII. Financial Requirements
IX. Monitoring
X. Suspension and Termination of Funding

VerDate 112000

19:55 May 15, 2001

Jkt 194001

I. Definitions
For purposes of these Final
Guidelines, the following terms are
defined:
A. Driving While Intoxicated. This
includes drunk driving and driving
under the influence of alcohol and/or
other drugs. Specific definitions may be
provided by state statutes, written rules,
or other established policies.
B. Federal Crime. A federal crime is
any crime that is a violation of the
United States Criminal Code or
violation of the Code of Military Justice.
In general, federal crimes are
investigated by federal law enforcement
agencies, including the Federal Bureau
of Investigation (FBI), Drug Enforcement
Administration (DEA), Bureau of
Alcohol, Tobacco and Firearms (BATF),
U.S. Postal Service (USPS), Department
of Interior (DOI), U.S. Secret Service
(USSS), U.S. Customs Service (USCS),
and Immigration and Naturalization
Service (INS). Federal crimes are
prosecuted in Federal District Courts by
U.S. Attorneys and the U.S. Department
of Justice Criminal Division. Examples
of Federal crimes include, but are not
limited to:
1. Crimes against Federal officials
2. Crimes that take place on Federal
property, including national parks
and military bases, certain maritime
and territorial jurisdictions, and
buildings owned or leased by the
Federal Government
3. Bank robberies where the bank is
insured or otherwise secured by the
Federal Government
4. Crimes affecting interstate activities,
such as kidnaping, interstate domestic
violence, and fraud via U.S. mail,
telephone, or wire
5. Crimes occurring in Indian Country
or on reservations, where the Federal
Government has criminal jurisdiction
6. Trafficking of persons
C. Federal Program, or a federally
financed State or local program is a
program that provides third party
reimbursement for victim expenses and
includes such funding sources as
Medicaid, Medicare, and CHAMPUS or
provides direct Federal appropriations
for organizations that provide direct
services such as Indian Health Service
and the Veterans’ Administration.
D. Mass Violence occurring within or
outside the United States. The term
mass violence is not defined in VOCA
or in any statute amending VOCA nor is
it defined in the U.S. Criminal Code.
Thus, OVC has developed a working
definition of this term. The term mass
violence means an intentional violent
criminal act, for which a formal
investigation has been opened by the

PO 00000

Frm 00100

Fmt 4703

Sfmt 4703

Federal Bureau of Investigation or other
law enforcement agency, that results in
physical, emotional or psychological
injury to a sufficiently large number of
people as to significantly increase the
burden of victim assistance and
compensation for the responding
jurisdiction. If there is a discrepancy
between the definition provided in
these Final Guidelines and the
Antiterrorism and Emergency Fund
Guidelines for Terrorism and Mass
Violence Crimes, the definition in the
Antiterrorism and Emergency Fund
Guidelines takes precedence.
E. Mental Health Counseling and
Care. Mental health counseling and care
mean the assessment, diagnosis, and
treatment of an individual’s mental and
emotional functioning. Mental health
counseling and care must be provided
by a person who meets state standards
to provide these services.
F. Property Damage and Loss.
Property damage is damage to material
goods. Property loss is destruction of
material goods or loss of money, stocks,
bonds, etc. Property damage does not
include damage to prosthetic devices,
eyeglasses, other corrective lenses,
dental devices, or other medically
related devices.
G. Restitution. Restitution is payment
made by the offender to the victim who
was injured in the crime, to the legal
guardian of a vulnerable adult or child
victim, or to beneficiaries of the victim
of homicide. Restitution does not refer
to the general collection of fines, fees,
and other penalties from offenders that
provide basic revenue for a
compensation program and are not
attributable to reimbursement of
payouts on a specific claim.
H. State. The term state includes the
50 states, the District of Columbia, the
U.S. Virgin Islands, Guam, Puerto Rico
and any other possession or territory of
the United States.
I. Terrorism occurring within the
United States. The term terrorism means
an activity that... (1) involves a violent
act or an act dangerous to human life
that is a violation of the criminal laws
of the United States or of any State, or
that would be a criminal violation if
committed within the jurisdiction of the
United States or any State; and (2)
appears to be intended ... (a) to
intimidate or coerce a civilian
population, (b) to influence the policy of
a government by intimidation or
coercion, or (c) to affect the conduct of
a government by assassination or
kidnaping (18 U.S.C. 3077).
J. Terrorism Occurring Outside the
United States. The Antiterrorism and
Emergency Reserve Fund Guidelines for
Terrorism and Mass Violence Crimes

E:\FR\FM\16MYN1.SGM

pfrm04

PsN: 16MYN1

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Notices
refers to the term terrorism, when
occurring outside the United States, as
international terrorism to mean an
activity that... (1) involves a violent act
or an act dangerous to human life that
is a violation of the criminal laws of the
United States of any State, or that would
be a criminal violation if committed
within the jurisdiction of the United
States or of any State; (2) appears to be
intended ... (a) to intimidate or coerce a
civilian population; (b) to influence the
policy of a government by intimidation
or coercion; or (c) to affect the conduct
of a government by assassination or
kidnaping; and (3) occur primarily
outside the territorial jurisdiction of the
United States, or transcend national
boundaries in terms of the means by
which they are accomplished, the
persons they appear intended to
intimidate or coerce, or the locale in
which their perpetrators operate or seek
asylum (18 U.S.C. 2331).
II. Background
In 1984, VOCA established the Crime
Victims Fund (hereinafter referred to as
the Fund) in the U.S. Treasury to
receive deposits from fines, penalties,
and bond forfeitures levied on criminals
convicted of federal crimes. The Fund is
administered by OVC to support the
activities authorized by VOCA.
OVC makes annual VOCA crime
victim compensation grants from the
Fund to eligible states and territories.
The primary purpose of these grants is
to supplement state efforts to provide
financial assistance and reimbursement
to crime victims throughout the Nation
for costs associated with crime, and to
encourage victim cooperation and
participation in the criminal justice
system.
With the exception of most property
damage and loss as explained in these
Final Guidelines, state crime victim
compensation programs may use VOCA
compensation grant funds to pay for
eligible expenses allowed by state
compensation statute, rule, or other
established policy.
III. Funding Allocations
A. Distribution. By statute, deposits
are to be allocated as follows:
1. Child Abuse Prevention and
Treatment Grants. Up to $20 million 1 of
the first amounts deposited in the Fund
are allocated to Child Abuse Prevention
1 In any fiscal year in which Fund deposits are
greater than the amount deposited in fiscal year
1998, an amount equal to 50 percent of the increase
in the amount from fiscal year 1998 shall be
available for Child Abuse Prevention and Treatment
Grants in addition to the base amount of $10
million. The total amount allocated for Child Abuse
Prevention and Treatment grants for any fiscal year
cannot exceed $20 million.

VerDate 112000

19:55 May 15, 2001

Jkt 194001

and Treatment Grants. Of these funds,
85 percent are forwarded to the
Department of Health and Human
Services. The remaining 15 percent is
retained by OVC to assist Native
American Indian tribes in developing,
establishing and operating child abuse
programs.
2. Federal Criminal Justice System.
Specific amounts are earmarked by
Congress annually for improving
services for the benefit of crime victims
in the Federal criminal justice system.
3. Remaining Fund Deposits. The
remaining fund deposits are distributed
as follows:
a. Victim Compensation Grants. Fortyeight and one half percent (48.5%) is
available to eligible state programs for
crime victim compensation.
b. Victim Assistance Grants. Fortyeight and one half percent (48.5%) is
available to states for victim assistance
grants. Unused funds from the victim
compensation portion of the deposits
are added to this amount.
c. Discretionary Grants. Three percent
(3%) is available to OVC for
demonstration projects, training and
technical assistance grants, and
financial support for services to victims
of federal crime.
d. Antiterrorism and Emergency
Fund. If monies in the Fund are
sufficient to fully provide VOCA grants
to the states, and deposits total 110
percent of the previous fiscal year, or if
any funds are deobligated, the OVC
director may retain up to $100 million
in an emergency fund. These funds are
to be used (1) for Victims of terrorism
within and outside the United States
and for victims of other mass violence
crimes; (2) for supplementing State
Compensation and Assistance Programs’
basic state compensation and assistance
awards at the discretion of the OVC
Director; and (3) to pay benefits under
the newly authorized international
compensation program.
B. Grant Period. Victim compensation
grant funds are available for expenditure
throughout the fiscal year (FY) of the
award plus the next three fiscal years.
The federal fiscal year (FFY) begins on
October 1 and ends on September 30.
State crime victim compensation
programs may pay compensation claims
retroactively to October 1, even though
the VOCA grant may not be awarded
until later in the fiscal year.
C. VOCA Victim Compensation Grant
Formula. The Director of OVC is
required to make an annual grant to
eligible crime victim compensation
programs that is equal to 40 percent of
the amount awarded by the state
program to victims of crime from state
revenues during the fiscal year

PO 00000

Frm 00101

Fmt 4703

Sfmt 4703

27161

preceding the year of deposits in the
Fund (two years prior to the grant year).
If the amount in the Fund is insufficient
to award each state 40 percent of its
prior year’s compensation payout from
state revenues, all states will be
awarded the same reduced percentage of
their prior year payout from the
available funds.
To determine the amount available,
each state must submit with its annual
application a certification of the amount
expended by the crime victim
compensation program in the previous
federal fiscal year. See Section V. for
additional information.
IV. State Eligibility Criteria
A. Grantee. The grantee must be an
operational state-administered crime
victim compensation program. A new
compensation program is entitled to a
VOCA grant after it has awarded
benefits that can be matched under
VOCA. VOCA may not be used as startup funds for a new state compensation
program. In the event that a state
chooses to administer its compensation
program in a decentralized fashion, the
state remains accountable to VOCA for
expenditure of these funds.
B. Program Requirements. For a state
to meet or maintain eligibility for a
VOCA crime victim compensation grant,
it must satisfy the following
requirements:
1. Compensable Crimes.
(a) VOCA Mandated Crimes. At a
minimum, VOCA specifically requires
the grantee to offer compensation to
crime victims and survivors of victims
of criminal violence for certain
identified expenses (see below)
resulting from physical injury from a
compensable crime as defined by the
state. VOCA requires that states include
as compensable crimes those crimes
whose victims suffer death or physical
injury as a result of terrorism, driving
while intoxicated, and domestic
violence.
In addition, VOCA requires that states
include as compensable crimes those
crimes whose victims suffer death or
personal injury as a result of the
intentional or attempted defacement,
damage, or destruction of any religious
real property because of (1) its religious
character or the obstruction, by force or
threat of force, of any person’s
enjoyment of the free exercise of
religious beliefs when the crime is
covered by interstate or foreign
commerce; (2) the race, color, or ethnic
characteristics of any individual
associated with the religious property.
(b) Coverage of Other Crimes. VOCA
places priority on violent crime, but it
does not prohibit coverage of nonviolent

E:\FR\FM\16MYN1.SGM

pfrm04

PsN: 16MYN1

27162

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Notices

crime. States may choose to broaden the
range of compensable crimes to include
those involving threats of injury or
economic crime where victims are
traumatized but not physically injured.
In doing so, they may include payments
to victims for compensable expenses for
these crimes on the state’s certification
of funds expended for the compensation
program.
2. Compensable Expenses.
(a) VOCA Mandated Expenses. At a
minimum, VOCA requires states to
award compensation for the following
expenses when they are attributable to
a physical injury resulting from a
compensable crime:
i. Medical Expenses. This may
include eyeglasses and other corrective
lenses, dental services, prosthetic or
other devices, and other services
rendered in accordance with a method
of healing recognized by state law.
ii. Mental health counseling and care.
iii. Lost wages.
iv. Funeral expenses attributable to a
death resulting from a compensable
crime.
(b) Other Allowable Expenses. State
grantees may offer compensation for
other types of expenses as authorized by
state statute, rule, or other established
policy.
(i) Property Damage and Loss.
Amounts awarded for property damage
and loss cannot be included in the
amount certified as a basis for the award
of VOCA compensation grants except as
listed under Section IV.B.2(b)(ii)4&5 of
these Final Guidelines.
(ii) In addition to VOCA mandated
expenses, other allowable expenses may
be included in the certified payout
amount such as:
1. Travel and transport for survivors
of homicide victims to secure bodies of
deceased victims from another country
or state.
2. Temporary lodging.
3. Necessary building modification
and equipment to accommodate
physical disabilities resulting from a
compensable crime.
4. Replacement costs for clothing and
bedding held as evidence.
5. Replacement or repair of windows
and locks.
6. Crime scene cleanup, as defined by
state statute, rule or other established
policy. Crime scene cleanup does not
include replacement of lost or damaged
property, except for locks and windows,
and for clothing and bedding held as
evidence.
7. Attorneys’ fees related to a victim’s
claim for compensation, for establishing
guardianship, settling estates, and other
activities related to the crime.
8. Payments related to forensic sexual
assault examinations (1) If such

VerDate 112000

19:55 May 15, 2001

Jkt 194001

payments are made from funds
administered by the compensation
programs and are allowable under state
statute, rule, or other established policy;
and (2) to the extent that other funding
sources such as state appropriations
specifically earmarked for these exams
are unavailable or insufficient.
9. Dependent care to allow victims to
participate in criminal justice activities
or secure medical treatment and
rehabilitation services.
10. Financial counseling services for
victims of economic crime, domestic
violence, survivors of homicide victims,
and other victims faced with financial
difficulty as a result of a crime.
Allowable activities provided to crime
victims by financial counselors include
but are not limited to: analysis of a
victim’s financial situation such as
income producing capacity and crime
related financial obligations; assistance
with restructuring budget and debt;
assistance in accessing insurance,
public assistance and other benefits;
assistance in completing financial
impact statements for criminal courts;
and assistance in settling estates and
handling guardianship concerns.
Financial counseling must be provided
by a person who meets state standards
for provision of this service.
11. Pain and suffering.
12. Annuities for loss of support for
children of victims of homicide.
3. Victim Cooperation With Law
Enforcement. Crime victim
compensation programs must promote
victim cooperation with the reasonable
requests of law enforcement authorities.
State crime victim compensation
programs maintain the authority and
discretion to establish their own
standards for victim cooperation with
the reasonable requests of law
enforcement.
VOCA’s cooperation with the
reasonable requests of law enforcement
requirement may be fulfilled by using
the following criteria or by any other
criteria the state believes is necessary
and acceptable to encourage and
document victim cooperation with law
enforcement. For example, a state may:
a. Require a victim to report the crime
to a law enforcement agency;
b. Require a victim to report the crime
to an appropriate government agency,
such as child and/or adult protective
services, family court, or juvenile court;
c. In the case of a child or a
vulnerable adult, accept a crime report
to law enforcement or to a child or adult
protective services agency from a
mandated reporter or other person
knowledgeable about the crime;
d. Accept proof of the completion of
a medical evidentiary examination, such

PO 00000

Frm 00102

Fmt 4703

Sfmt 4703

as medical reports, x-rays, medical
photographs, and other clinical
assessments as evidence of cooperation
with law enforcement.
4. Nonsupplantation. The state must
certify that grants received under VOCA
will not be used to supplant state funds
otherwise available to provide crime
victim compensation benefits or to
administer the state crime victim
compensation program. States may not
decrease their financial commitment to
crime victim compensation solely
because they are receiving VOCA funds
for the same purpose. Expenditure of
VOCA funds received based on state
certified payouts from previous years
does not constitute supplantation.
5. Compensation for Residents
Victimized Outside Their Own State. A
state must provide compensation to
state residents who are victims of crimes
occurring outside the state if the crimes
would be compensable crimes had they
occurred inside that state and the crimes
(1) occurred in a state without an
eligible VOCA crime victim
compensation program, or (2) in cases of
terrorism, occurred outside the
territorial jurisdiction of the United
States. The state must make these
awards according to the same criteria
used to make awards to those who are
victimized while in the state.
6. Compensation for Nonresidents of
a State. The state, in making awards for
compensable crimes occurring within
the state, must make compensation
awards to nonresidents of the state on
the basis of the same criteria used to
make awards to victims who are
residents of the state.
7. Victims of Federal Crime. The state
must provide compensation to victims
of federal crimes occurring within the
state on the same basis that the program
provides compensation to victims of
state crimes.
8. Unjust Enrichment. States cannot
deny compensation to a victim based on
the victim’s familial relationship to the
offender or because the victim shares a
residence with the offender. States must
adopt a rule or other written policy to
avoid unjust enrichment of the offender,
but it cannot have the effect of denying
compensation to a substantial
percentage of victims of violence
perpetrated by family members or others
with whom the victim shares a
residence. In developing a rule, or other
written policy, states are encouraged to
consider the following:
a. The legal responsibilities of the
offender to the victim under the laws of
the state and collateral resources
available from the offenders to the
victim. For example, legal
responsibilities of the offender may

E:\FR\FM\16MYN1.SGM

pfrm04

PsN: 16MYN1

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Notices
include court-ordered restitution or
family support under the domestic,
marital property or child support laws
of the state. Collateral resources may
include insurance or pension benefits
available to the offender to cover the
costs incurred by the victim as a result
of the crime. Victims of family violence
must not be penalized when collateral
sources of payment are not viable.
Examples of such situations include
when the offender refuses to, or cannot,
pay restitution or other civil judgments
within a reasonable period of time or
when the offender impedes direct or
third party (i.e., insurance) payments.
b. Payments to victims of family
violence that only minimally or
inconsequentially benefit offenders.
These payments are not considered
unjust enrichment. For example, denial
of medical or dental expenses solely
because the offender has legal
responsibility for the charges, but is
unwilling or unable to pay them, could
result in the victim not receiving
treatment. When indicated, the state has
the option of seeking reimbursement
from the offender.
c. Consultation with social services
and other concerned government
entities, and with private organizations
that support and advocate on behalf of
victims of violence perpetrated by
family members.
d. The special needs of child
witnesses to violence and child victims
of criminal violence, especially when
the perpetrator is a parent who may or
may not live in the same residence.
9. Discrimination Prohibited. No
person shall on the grounds of race,
color, religion, national origin,
disability, or sex, be excluded from
participation in, denied the benefits of,
subjected to discrimination under, or
denied employment in connection with,
any undertaking funded in whole or in
part with sums made available under
VOCA. States must comply with these
VOCA nondiscrimination requirements,
the Federal civil rights statutes and
regulations cited in the Assurances that
accompany the grant award document,
and all other applicable civil rights
requirements. States with decentralized
operations must assure that all
operations comply with these
requirements.
10. Additional Information Requested
by the OVC Director. The state must
provide other information and
assurances as the Director of OVC may
reasonably require.
C. VOCA Funds and Collateral Federal
Programs
1. Means Testing. Federal, state, or
local government programs that use

VerDate 112000

19:55 May 15, 2001

Jkt 194001

federal funds are prohibited from
including victim compensation benefits
when determining income eligibility for
an applicant, until the total amount of
medical or other assistance that the
applicant receives from all programs is
sufficient to fully compensate the
applicant for losses suffered as a result
of the crime. VOCA requires this policy
when an applicant needs medical or
other assistance, in full or in part,
because of the commission of a crime
against the applicant. VOCA gives the
OVC Director authority to determine
whether such medical or other
assistance is necessary to an applicant
for victim compensation because of the
commission of a crime against the
applicant. Through these Final
Guidelines, the Director’s authority is
delegated to state VOCA crime victim
compensation administrators.
2. Payor of Last Resort. The
compensation program is the payor of
last resort with regard to federal or
federally financed programs. When a
victim is eligible to receive benefits
from a federal program such as
Veterans’ benefits, Medicare, and Social
Security Disability or federally financed
state or local program, such as Medicaid
the state compensation program shall
not use VOCA funds to pay costs that
another federal or federally financed
program covers. The federal or federally
financed program must make payments
without regard to benefits awarded to a
crime victim by a state crime victim
compensation program.
To facilitate victim access to other
funding resources, OVC recommends
that VOCA compensation administrators
coordinate their activities and provide
appropriate referrals to other programs
that provide financial assistance and
services to crime victims, whether
funded by federal, state or local
governments. Examples of such
programs include worker’s
compensation, vocational rehabilitation,
and VOCA victim assistance subgrantee
programs. Outreach to other programs
can result in mutual understanding of
eligibility requirements, application
processing, time lines, and other
program specific requirements. As payor
of last resort, it is in the compensation
program’s discretion to make exception
for victim needs that are not adequately
met by collateral sources. Additionally,
this provision does not mandate that
states require victims to apply for or use
other federally funded programs prior to
accessing the crime victim
compensation program.
V. State Certifications
State grantees must provide
information about crime victim

PO 00000

Frm 00103

Fmt 4703

Sfmt 4703

27163

compensation claim payouts including
all available funding sources,
deductions, and recovery costs on a
certification form provided by OVC. The
Office of Budget and Management
Services, Office of Justice Programs,
uses this information to calculate
allocations for VOCA eligible crime
victim compensation programs.
A. Program Revenue. States must
report on the certification form all
sources of revenue to the crime victims
compensation programs during the
federal fiscal year. In some instances,
funds are made available to the crime
victim compensation programs from
other departments or agencies, from
supplemental appropriations,
donations, or unspent funds carried
over from prior years. The amount of
certified revenue, excluding VOCA
funds, but including all other sources,
including carried over funds, must meet
or exceed the amount of certified
payments to crime victims.
B. Program Expenditures. The total
amount to be certified by the state
program must include only those
amounts paid from state funding
sources that are allowable under Section
IV.B.1&2 to, or on behalf of, crime
victims during the federal fiscal year
(October 1 to September 30).
C. Amounts to be Excluded.
Compensation for property damage or
loss except for items found in Section
IV.B.2.(b)ii.4&5 of these Final
Guidelines; audit costs; personnel costs;
costs related to the collection of
offender fines, fees, penalties, and other
revenues that provide basic program
funding; and, any other program
administrative costs.
D. Deductions. Deductions are
receipts or refunds that offset or reduce
expense items that are allocable to a
particular crime victim compensation
claim. These include funds received
through a state’s subrogation interest in
a claimant’s civil law suit recovery,
restitution, refunds, or other
reimbursements. For purposes of
applicable credits, the term restitution
means payment made by the offender to
the victim who was injured in the
crime, to the legal guardian of a
vulnerable adult or child, or to
beneficiaries of the victim of homicide.
Restitution does not refer to the costs
of general collection of fines, fees and
other penalties from offenders that
provides the basic revenue for the
compensation program and are not
attributable to reimbursement of
payouts on a specific claim. Refunds
include amounts from overpayment,
erroneous payments made to claimants,
and uncashed checks. Additional
guidance regarding applicable credits

E:\FR\FM\16MYN1.SGM

pfrm04

PsN: 16MYN1

27164

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Notices

can be found in OMB Circular A–87,
Cost Principles for State and Local
Governments.
F. Recovery Costs. Salary and benefits
costs for personnel directly involved in
recovery efforts may be offset against the
amount of income received from such
reimbursement. Recovery efforts are
those activities that are directly
attributable to obtaining restitution,
refunds, and other reimbursements for
the expenses of specific crime victims
who have received compensation from
the state program. Expenses shall be
limited to the percentage of those
salaries and benefits incurred by the
state for individual employees whose
primary responsibilities (not less than
75 percent of each individual
employee’s work time) are directly and
specifically related to recovering
restitution and other reimbursements on
behalf of compensated victims.
Additional allowable recovery costs are
garnishment fees, service of legal
documents, costs of legal publication,
and subpoena fees related to collecting
reimbursements. Recovery costs cannot
be claimed for employees whose salary
and benefits are derived from federal
administrative grant funds. Recovery
costs do not include the collection of
fines, fees, and other penalties that
provide the basic revenue for the
compensation program and are not
identifiable to reimbursement of
payouts on a specific victim claim.
G. Sources of Payments to Crime
Victims. There is no financial
requirement that state compensation
programs identify the source of
individual payments to crime victims as
either federal or state dollars, nor are
there any requirements that restitution
recoveries or other refunds be tracked to
federal or state dollars paid out to the
victim.
H. Incorrect Certifications. If it is
determined that a state has made an
incorrect certification of payments of
crime victims compensation from state
funding sources and a VOCA crime
victim compensation grant is awarded
in error, one of the following two
courses of action will be taken:
1. Overcertification. In the event that
an overcertification comes to the
attention of OVC or the Office of the
Comptroller, OJP, the necessary steps
will be taken to recover funds that were
awarded in error. OVC does not have
the authority to permit states to keep
amounts they were not entitled to as a
result of overcertification. Generally, it
is the policy of OVC to reduce the
amount of the subsequent year VOCA
victim compensation award by the
amount of the overpayment.

VerDate 112000

19:55 May 15, 2001

Jkt 194001

2. Undercertification. If a state
undercertifies amounts paid to crime
victims, OVC and the Office of the
Comptroller, OJP, will not supplement
payments to the state to correct the
state’s error since this would require
recalculating allocations to every state
VOCA compensation and assistance
program and cause disruption in
administration of these programs.
VI. Application Process and
Performance Reporting
A. Application for Federal Assistance.
Each year, OVC issues to each eligible
state an application package that
contains the necessary forms and
detailed information required to apply
for VOCA crime victim compensation
grant funds. The amount for which each
state may apply is included with the
application package. States shall use the
Standard Form 424, Application for
Federal Assistance, and its attachments
to apply for VOCA victim compensation
grant funds. Applications for VOCA
crime victim compensation grants may
only be submitted by the state agency
designated by the governor to
administer the VOCA victim
compensation program and grant.
Completed applications must be
submitted on or before the stated
deadline, as determined by OVC. If an
eligible state fails to apply for its crime
victim compensation allocation by the
prescribed deadline, OVC will
redistribute federal VOCA crime victim
compensation dollars to the VOCA
victim assistance grant program, after all
states have received the statutorily
prescribed percentage of their prior
years’ payout.
B. Annual Performance Report. States
receiving VOCA crime victim
compensation grant funds must submit
an annual OVC Performance Report.
The Performance Report is due January
15 of each year for the preceding federal
fiscal year.
VII. Administrative Costs
A. Administrative Costs Allowance.
VOCA allows states to use up to 5
percent of crime victim compensation
grant funds for administering the crime
victim compensation grant program.
Any portion of the allowable 5 percent
that is not used for administrative
purposes must be used for awards of
compensation to crime victims.
The intent of this provision is to
support and advance program
administration in all operational areas
including claims processing, staff
development and training, public
outreach, and program funding by
supporting activities that will improve
program effectiveness and service to

PO 00000

Frm 00104

Fmt 4703

Sfmt 4703

crime victims. If a state elects to use up
to 5 percent of the VOCA compensation
grant for administrative purposes, only
those costs directly associated with
administering the program, enhancing
overall program operations, and
ensuring compliance with federal
requirements can be expended with
administrative grant funds. State
grantees are not required to match the
portion of the grant that is used for
administrative purposes. The state
administrative agency may charge a
federally approved indirect cost rate to
this grant, but this cost is capped by the
limits of these 5 percent administrative
funds.
States must certify that VOCA funds
used for administrative purposes will
not supplant state or local funds but
increase the amount of funds available
for administering the compensation
program. For the purpose of establishing
a baseline level of effort, states must
maintain documentation on the overall
administrative commitment of the state
prior to their use of VOCA
administrative grant funds. State
grantees will not be in violation of the
nonsupplantation clause if there is a
decrease in the state’s previous financial
commitment toward the administration
of the VOCA grant programs in the
following situations: (1) if serious loss of
revenue occurs at the state level,
resulting in across-the-board budget
restrictions, and (2) if there is a decrease
in the number of state-supported staff
positions used to meet the state’s effort
in administering the VOCA grant
programs. State grantees using
administrative funds must notify OVC if
there is a decrease in the amount of its
previous state financial commitment to
the cost of administering the VOCA
program.
Only staff activities directly related to
compensation functions can be funded
with VOCA administrative funds.
Similarly, any equipment purchases or
other expenditures charged to the VOCA
administrative funds can be charged
only in proportion to the percentage of
time used by the compensation
program.
B. Allowable Costs. Allowable
administrative costs include but are not
limited to, the following:
1. Salaries and benefits for staff and
consultant fees to administer and
manage the financial and programmatic
aspects of the crime victim
compensation program. Staff supported
by administrative funds under the
VOCA crime victim compensation grant
must work directly for the
compensation program in the same
proportion as their level of support from
VOCA grant funds. If the staff performs

E:\FR\FM\16MYN1.SGM

pfrm04

PsN: 16MYN1

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Notices
other functions unrelated to the
provision of compensation to crime
victims, the proportion of time spent
working on the compensation program
must be documented using some
reasonable method of valuation at
regular measurable intervals, e.g., time
and attendance records. The
documentation must provide a clear
audit trail for the expenditure of grant
funds.
Temporary or periodic personnel
support, such as qualified peer
reviewers for medical and mental health
claims, and data processing support
services are also allowable. These
services may be obtained through means
deemed acceptable by state
administrative procedures.
2. Training and technical assistance
includes attendance at training and
technical assistance meetings and
conferences that address issues relevant
to state administration of victim
compensation programs. Allowable
costs may include travel, registration
fees, and other such expenses.
3. Monitoring compliance with
federal and state requirements.
4. Automation, including the study,
design, and implementation of claims
processing and other relevant systems;
purchase and maintenance of
equipment for the state grantee,
including computers, software, FAX
machines, copying machines, and TTYs;
and services required to support the use
of technology to enhance services to
crime victims.
5. Training to victim services
providers, criminal justice personnel,
and health, mental health and social
services providers about the crime
victim compensation program.
6. Memberships in crime victim
organizations and victim-related
informational materials.
7. Prorated program audit costs for the
crime victim compensation program.
8. Indirect costs at a federally
approved rate that, when applied, does
not exceed the 5 percent administrative
cost allowance.
9. Participation in improving
coordination efforts on behalf of crime
victims with other federal, state, and
local agencies and organizations. This
includes development of protocols,
policies, and procedures that promote
coordination of victim compensation
with other financial and victim service
programs that improve responses to
crime victims. Such participation
includes the development and
coordination of criminal crisis response
teams.
10. Informational materials including
development of applications, brochures,
posters, training manuals and other

VerDate 112000

19:55 May 15, 2001

Jkt 194001

relevant publications that describe the
compensation application process,
eligibility criteria, and the range of
benefits available for crime victims.
This includes related printing costs.
11. Development of strategic and
financial plans, conduct of surveys, and
needs assessments, survey of victim
satisfaction with the program, and
employment of geographic information
systems (GIS) technology for planning.
12. Toll-free telephone numbers,
Internet access to claim information,
and other such program enhancements.
C. Requirements to Notify OVC of Use
of Administrative Funds. State grantees
that elect to use administrative funds
under the VOCA compensation grant are
required to include with their annual
application, notification of their intent
to use administrative funds, the
percentage of funds, and the purposes
for which they will be used. Grantees
will be expected to include in their
annual performance report,
documentation of actual use of
administrative funds.
D. Confidentiality of Research
Information. Except as otherwise
provided by federal law, no officer or
employee of the Federal Government or
recipient of monies under VOCA shall
use or reveal any research or statistical
information gathered under this
program by any person, and identifiable
to any specific private person, for any
purpose other than the purpose for
which such information was obtained,
in accordance with VOCA. Such
information, and any copy of such
information, shall be immune from legal
process and shall not, without the
consent of the person furnishing such
information, be admitted as evidence or
used for any purpose in any action, suit,
or other judicial, legislative, or
administrative proceeding.
This provision is intended, among
other things, to assure confidentiality of
information provided by crime victims
to employees of VOCA-funded victim
compensation programs. However, there
is nothing in VOCA or its legislative
history to indicate that Congress
intended to override or repeal, in effect,
a state’s existing law governing the
disclosure of information, which is
supportive of VOCA’s fundamental goal
of helping crime victims. For example,
this provision would not act to override
or repeal, in effect, a state’s existing law
pertaining to the mandatory reporting of
a suspected child abuse. See Pennhurst
State School and Hospital vs.
Halderman, et al., 451 U.S. 1 (1981).
VIII. Financial Requirements
As a condition of receiving a grant,
states must agree to ensure adherence to

PO 00000

Frm 00105

Fmt 4703

Sfmt 4703

27165

the general and specific requirements of
the OJP Financial Guide (effective
edition) and all applicable OMB
Circulars and Common Rules. This
includes the maintenance of books and
records in accordance with generally
accepted government accounting
principles. For copies of the OJP
Financial Guide, call or write the OJP
Office of the Comptroller, 810 7th Street
NW., Washington, DC 20531, Customer
Service Center 1/800–458–0786; or visit
the website at: www.ojp.usdoj.gov/
FinGuide/
IX. Monitoring
A. Office of the Comptroller/General
Accounting Office/Office of the
Inspector General. The U.S. Department
of Justice, Office of Justice Programs,
Office of the Comptroller; the General
Accounting Office; and the U.S.
Department of Justice, Office of the
Inspector General, conduct periodic
reviews of the financial policies and
procedures and records of VOCA state
grantees. Therefore, upon request, states
must provide authorized representatives
with access to examine all records,
books, papers, case files, or other
documents related to the expenditure of
funds received under this grant.
B. Office for Victims of Crime. OVC
conducts onsite monitoring in
accordance with its monitoring plan.
While on the site, OVC personnel
review various documents and files
including (1) Program manuals; (2)
procedures; (3) program reports; (4)
claimant application, eligibility
requirements, and determination and
appeal process; (5) a random sampling
of victim compensation claim files; and
(6) other applicable state records and
files. Grantees are notified in writing of
their compliance with requirements of
VOCA.
X. Suspension and Termination of
Funding
If, after reasonable notice to the
grantee, OVC finds that a state has failed
to comply substantially with the
following: VOCA, the state’s application
for funding, the OJP Financial Guide
(effective edition), the Final VOCA
Crime Victim Compensation Grant
Program Guidelines, or any
implementing regulation or federal
requirements, the OVC Director may
suspend or terminate funding to the
state and/or take other appropriate
action. Under the procedures of 28 CFR
part 18, states may request a hearing on
the record on the justification for the
suspension and/or termination of VOCA
funds.

E:\FR\FM\16MYN1.SGM

pfrm04

PsN: 16MYN1

27166

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Notices

Dated: May 10, 2001.
Kathryn M. Turman,
Director, Office for Victims of Crime.
[FR Doc. 01–12256 Filed 5–15–01; 8:45 am]
BILLING CODE 4410–18–P

NATIONAL FOUNDATION FOR THE
ARTS AND HUMANITIES
Institute of Museum and Library
Services, Office of Research and
Technology
Submission for OMB Review,
Comment Request; Museum School
Partnership Research
AGENCY: Institute of Museum and
Library Services, NFAH.
ACTION: Notice.
SUMMARY: The Institute of Museum
Services has submitted the following
public information request to the Office
of Management and Budget for review
and approval in accordance with the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13, 44 U.S.C. Chapter 35).
Currently, the Institute of Museum and
Library Services is soliciting comments
concerning a new collection entitled,
Museum School Partnership Research.
A copy of the proposed instrument,
with applicable supporting
documentation, may be obtained by
calling the Institute of Museum and
Library Services, Director, Office of
Research and Technology, Rebecca
Danvers (202) 606–2478. Individuals
who use a telecommunications device
for the deaf (TTY/TDD) may call (202)
606–8636.
Comments should be sent to Office of
Information and Regulatory Affairs,
Attn.: OMB Desk Officer for Education,
Office of Management and Budget,
Room 10235, Washington, DC 20503
(202) 395–7316, by June 15, 2001.
The OMB is particularly interested in
comments which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,

VerDate 112000

19:55 May 15, 2001

Jkt 194001

electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
BACKGROUND:
Type of Review: New.
Agency: Institute of Museum and
Library Services.
Title: Museum School Partnership
Research.
OMB Number: N/A.
Affected Public: Museums.
Total Respondents: 1,500.
Frequency: Once.
Total Responses: 1,500.
Average Time per Response: 90
minutes.
Estimated Total Burden Hours: 2,250
hours.
Total Burden Cost (capital/startup):
$0.
Total Burden Cost (operating/
maintenance): $0.
FOR FURTHER INFORMATION CONTACT:
Mamie Bittner, Director, Public and
Legislative Affairs, Institute of Museum
and Library Services, 1100 Pennsylvania
Ave., NW., Washington, DC 20506.
Dated: May 10, 2001.
Mamie Bittner,
Director, Public and Legislative Affairs.
[FR Doc. 01–12262 Filed 5–15–01; 8:45 am]

1999. The results of this investigation
indicated that the Licensee had not
conducted its activities in full
compliance with NRC requirements. A
written Notice of Violation and
Proposed Imposition of Civil Penalty
(Notice) was served upon the Licensee
by letter dated February 7, 2000. The
Notice states the nature of the violation,
the provision of the NRC’s requirements
that the Licensee had violated, and the
amount of the civil penalty proposed for
the violation.
The Licensee responded to the Notice
in letters dated January 22, 2001, and
March 9, 2001. In its response, the
Licensee denied the violation and
protested the proposed imposition of a
civil penalty.
III
After consideration of the Licensee’s
response and the statements of fact,
explanation, and argument for
mitigation contained therein, the NRC
staff has determined that the violation
occurred as stated and that the penalty
proposed for the violation designated in
the Notice should be imposed.

Tennessee Valley Authority, Watts Bar
Nuclear Plant, Unit 1, Sequoyah
Nuclear Plant, Units 1 & 2, Browns
Ferry Nuclear Plant, Units 1, 2 & 3;
Order Imposing Civil Monetary Penalty

IV
In view of the foregoing and pursuant
to Section 234 of the Atomic Energy Act
of 1954, as amended (Act), 42 U.S.C.
2282, and 10 CFR 2.205, it is hereby
ordered that:
The Licensee pay a civil penalty in
the amount of $110,000 within 30 days
of the date of this Order, in accordance
with NUREG/BR–0254. In addition, at
the time of making the payment, the
Licensee shall submit a statement
indicating when and by what method
payment was made, to the Director,
Office of Enforcement, U.S. Nuclear
Regulatory Commission, One White
Flint North, 11555 Rockville Pike,
Rockville, MD 20852–2738.

I

V

Tennessee Valley Authority
(Licensee) is the holder of Operating
License Nos. NPF–90, DPR–77, DPR–79,
DPR–33, DPR–52, DPR–68, issued by
the Nuclear Regulatory Commission
(NRC or Commission) on February 7,
1996, September 17, 1980, September
15, 1981, December 20, 1973, August 2,
1974, and July 2, 1976. The licenses
authorize the Licensee to operate Watts
Bar Nuclear Plant, Unit 1, Sequoyah
Nuclear Plant, Units 1 and 2, and
Browns Ferry Nuclear Plant, Units 1, 2,
and 3, in accordance with the
conditions specified therein.

The Licensee may request a hearing
within 30 days of the date of this Order.
Where good cause is shown,
consideration will be given to extending
the time to request a hearing. A request
for extension of time must be made in
writing to the Director, Office of
Enforcement, U.S. Nuclear Regulatory
Commission, Washington, DC 20555,
and include a statement of good cause
for the extension. A request for a
hearing should be clearly marked as a
‘‘Request for an Enforcement Hearing’’
and shall be submitted to the Secretary,
U.S. Nuclear Regulatory Commission,
ATTN: Rulemakings and Adjudications
Staff, Washington, DC 20555. Copies
also shall be sent to the Director, Office
of Enforcement, U.S. Nuclear Regulatory

BILLING CODE 7036–01–M

NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–390, 50–327, 50–328, 50–
269, 50–260, 50–296; License Nos. NPF–90,
DPR–77, DPR–79, DPR–33, DPR–52, DPR–
68 EA 99–234]

II
An investigation of the Licensee’s
activities was completed on August 4,

PO 00000

Frm 00106

Fmt 4703

Sfmt 4703

E:\FR\FM\16MYN1.SGM

pfrm04

PsN: 16MYN1