80_FR_66313 80 FR 66105 - Grant Guideline, Notice

80 FR 66105 - Grant Guideline, Notice

STATE JUSTICE INSTITUTE

Federal Register Volume 80, Issue 208 (October 28, 2015)

Page Range66105-66122
FR Document2015-27443

This Guideline sets forth the administrative, programmatic, and financial requirements attendant to Fiscal Year 2016 State Justice Institute grants, cooperative agreements, and contracts.

Federal Register, Volume 80 Issue 208 (Wednesday, October 28, 2015)
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Notices]
[Pages 66105-66122]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27443]


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STATE JUSTICE INSTITUTE


Grant Guideline, Notice

AGENCY: State Justice Institute.

ACTION: Grant Guideline for FY 2016.

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SUMMARY: This Guideline sets forth the administrative, programmatic, 
and financial requirements attendant to Fiscal Year 2016 State Justice 
Institute grants, cooperative agreements, and contracts.

DATES: October 28, 2015.

FOR FURTHER INFORMATION CONTACT: Jonathan Mattiello, Executive 
Director, State Justice Institute, 11951 Freedom Drive, Suite 1020, 
Reston, VA 20190, 571-313-8843, [email protected].

SUPPLEMENTARY INFORMATION: Pursuant to the State Justice Institute Act 
of 1984 (42 U.S.C. 10701, et seq.), SJI is authorized to award grants, 
cooperative agreements, and contracts to state and local courts, 
nonprofit organizations, and others for the purpose of improving the 
quality of justice in the state courts of the United States.
    The following Grant Guideline is adopted by the State Justice 
Institute for FY 2016.

Table of Contents

I. The Mission of the State Justice Institute
II. Eligibility for Award
III. Scope of the Program
IV. Grant Applications
V. Grant Application Review Procedures
VI. Compliance Requirements
VII. Financial Requirements
VIII. Grant Adjustments

I. The Mission of the State Justice Institute

    SJI was established by State Justice Institute Authorization Act of 
1984 (42 U.S.C. 10701 et seq.) to improve the administration of justice 
in the state courts of the United States. Incorporated in the State of 
Virginia as a private, nonprofit corporation, SJI is charged, by 
statute, with the responsibility to:
     Direct a national program of financial assistance designed 
to assure that each citizen of the United States is provided ready 
access to a fair and effective system of justice;
     Foster coordination and cooperation with the federal 
judiciary;
     Promote recognition of the importance of the separation of 
powers doctrine to an independent judiciary; and
     Encourage education for judges and support personnel of 
state court systems through national and state organizations.
    To accomplish these broad objectives, SJI is authorized to provide 
funding to state courts, national organizations which support and are 
supported by state courts, national judicial education organizations, 
and other organizations that can assist in improving the quality of 
justice in the state courts. SJI is supervised by a Board of Directors 
appointed by the President, with the advice and consent of the Senate. 
The Board is statutorily composed of six judges; a state court 
administrator; and four members of the public, no more than two of the 
same political party.
    Through the award of grants, contracts, and cooperative agreements, 
SJI is authorized to perform the following activities:
    A. Support technical assistance, demonstrations, special projects, 
research and training to improve the administration of justice in the 
state courts;
    B. Provide for the preparation, publication, and dissemination of 
information regarding state judicial systems;
    C. Participate in joint projects with federal agencies and other 
private grantors;
    D. Evaluate or provide for the evaluation of programs and projects 
to determine their impact upon the quality of criminal, civil, and 
juvenile justice and the extent to which they have contributed to 
improving the quality of justice in the state courts;
    E. Encourage and assist in furthering judicial education; and,
    F. Encourage, assist, and serve in a consulting capacity to state 
and local justice system agencies in the development, maintenance, and 
coordination of criminal, civil, and juvenile justice programs and 
services.

II. Eligibility for Award

    SJI is authorized by Congress to award grants, cooperative 
agreements, and contracts to the following entities and types of 
organizations:
    A. State and local courts and their agencies (42 U.S.C. 
10705(b)(1)(A)).
    B. National nonprofit organizations controlled by, operating in 
conjunction with, and serving the judicial branches of state 
governments (42 U.S.C. 10705(b)(1)(B)).
    C. National nonprofit organizations for the education and training 
of judges and support personnel of the judicial branch of state 
governments (42 U.S.C. 10705(b)(1)(C)). An applicant is considered a 
national education and training applicant under section 10705(b)(1)(C) 
if:
    1. The principal purpose or activity of the applicant is to provide 
education and training to state and local judges and court personnel; 
and
    2. The applicant demonstrates a record of substantial experience in 
the field of judicial education and training.
    D. Other eligible grant recipients (42 U.S.C. 10705 (b)(2)(A)-(D)).
    1. Provided that the objectives of the project can be served 
better, the Institute is also authorized to make awards to:
    a. Nonprofit organizations with expertise in judicial 
administration;
    b. Institutions of higher education;
    c. Individuals, partnerships, firms, corporations (for-profit 
organizations must waive their fees); and
    d. Private agencies with expertise in judicial administration.
    2. SJI may also make awards to state or local agencies and 
institutions other than courts for services that cannot be adequately 
provided through nongovernmental arrangements (42 U.S.C. 10705(b)(3)).

[[Page 66106]]

    E. Inter-agency Agreements. SJI may enter into inter-agency 
agreements with federal agencies (42 U.S.C. 10705(b)(4)) and private 
funders to support projects consistent with the purposes of the State 
Justice Institute Act.
    SJI is prohibited from awarding grants to federal, tribal, and 
international courts.

III. Scope of the Program

    SJI is offering six types of grants in FY 2015: Project Grants, 
Technical Assistance (TA) Grants, Curriculum Adaptation and Training 
(CAT) Grants, Partner Grants, Strategic Initiatives Grants (SIG) 
Program, and the Education Support Program (ESP).
    The SJI Board of Directors has established Priority Investment 
Areas for grant funding. SJI will allocate significant financial 
resources through grant-making for these Priority Investment Areas (in 
no ranking order):
     Language Access and the State Courts--improving language 
access in the state courts through remote interpretation (outside the 
courtroom), interpreter certification, and courtroom services (plain 
language forms, Web sites, etc.).
     Self-Represented Litigation--promoting court-based self-
help centers, online services, and increasing the use of court-based 
volunteer attorney programs.
     Reengineering to Improve Court Services--assisting courts 
with the process of reengineering, regionalization or centralization of 
services, structural changes, and reducing costs to taxpayers while 
providing access to justice.
     Remote Technology--supporting the innovative use of 
technology to improve the business operations of courts and enhance 
services outside the courtroom. This includes videoconferencing, online 
access, educational services, and remote court proceedings.
     Human Trafficking and the State Courts--addressing the 
impact of federal and state human trafficking laws on the state courts, 
and the challenges faced by state courts in dealing with cases 
involving trafficking victims and their families.
     Immigration Issues and the State Courts--addressing the 
impact of federal and state immigration law and policies on the state 
courts.
     Guardianship, Conservatorship, and Elder Issues--assisting 
courts in improving and increasing use of court-based volunteer 
attorney programs.
     Juvenile Justice--innovative projects that have no other 
existing or potential funding sources (federal, state, or private) that 
will advance best practices in handling dependency and delinquency 
cases; promote effective court oversight of juveniles in the justice 
system; address the impact of trauma on juvenile behavior; assist the 
courts in identification of appropriate provision of services for 
juveniles; and address juvenile re-entry.

A. Project Grants

    Project Grants are intended to support innovative education and 
training, research and evaluation, demonstration, and technical 
assistance projects that can improve the administration of justice in 
state courts locally or nationwide. Project Grants may ordinarily not 
exceed $300,000. Examples of expenses not covered by Project Grants 
include the salaries, benefits, or travel of full-or part-time court 
employees. Grant periods for Project Grants ordinarily may not exceed 
36 months.
    Applicants for Project Grants will be required to contribute a cash 
match of not less than 50 percent of the total cost of the proposed 
project. In other words, grant awards by SJI must be matched at least 
dollar for dollar by grant applicants. Applicants may contribute the 
required cash match directly or in cooperation with third parties. 
Prospective applicants should carefully review Section VI.8. (matching 
requirements) and Section VI.16.a. (non-supplantation) of the Guideline 
prior to beginning the application process. Funding from other federal 
departments or agencies may not be used for cash match. If questions 
arise, applicants are strongly encouraged to consult SJI.
    A temporary reduced cash match process is available for state 
courts submitting Project Grant applications. The use of this cash 
match reduction authority is intended to help the state courts in this 
climate of severe budget reductions. The process requires the state 
court to formally request a reduced cash match, and that the request be 
certified by the chief justice of that state. The state court must 
explain in detail how it is facing budgetary cutbacks that will result 
in significant reductions in other services, and why it will be unable 
to undertake the project without a cash match reduction. This must be 
described in detail in the application and verified by the chief 
justice of that state. Only state courts may apply for a cash match 
reduction.
    Applicants should examine their projected project costs closely, 
and if they are unable to cover half the costs of the project, they may 
apply for a reduction in cash match. Applicants are strongly encouraged 
to provide as much cash match as possible in their application, as some 
cash match contribution is still required.
    Applicants are also encouraged to provide the percentage of budget 
reductions in their court(s), and the measures that have been taken by 
the jurisdiction/state to handle the budget shortfalls. This may 
include staff reductions, as well as reductions in services and 
programs. Some cash contribution is still required for Project Grants, 
and should be reflected in the budget proposal for the project. For 
example, if the total cost of the proposed project is $100,000, the 
normal cash match would be $50,000. However, if the applicant is unable 
to provide $50,000 for the activities, but is able to contribute 
$25,000, the budget should show the request to SJI totaling $75,000, 
with the cash match of $25,000.
    As set forth in Section I., SJI is authorized to fund projects 
addressing a broad range of program areas. Funding will not be made 
available for the ordinary, routine operations of court systems.

B. Technical Assistance (TA) Grants

    TA Grants are intended to provide state or local courts, or 
regional court associations, with sufficient support to obtain expert 
assistance to diagnose a problem, develop a response to that problem, 
and implement any needed changes. TA Grants may not exceed $50,000. 
Examples of expenses not covered by TA Grants include the salaries, 
benefits, or travel of full-or part-time court employees. Grant periods 
for TA Grants ordinarily may not exceed 24 months. In calculating 
project duration, applicants are cautioned to fully consider the time 
required to issue a request for proposals, negotiate a contract with 
the selected provider, and execute the project.
    Applicants for TA Grants will be required to contribute a total 
match of not less than 50 percent of the grant amount requested, of 
which 20 percent must be cash. In other words, an applicant seeking a 
$50,000 TA grant must provide a $25,000 match, of which up to $20,000 
can be in-kind and not less than $5,000 must be cash. Funding from 
other federal departments and agencies may not be used for cash match. 
TA Grant application procedures can be found in section IV.B.

C. Curriculum Adaptation and Training (CAT) Grants

    CAT Grants are intended to: 1) Enable courts and regional or 
national court associations to modify and adapt model curricula, course 
modules, or conference programs to meet states' or

[[Page 66107]]

local jurisdictions' educational needs; train instructors to present 
portions or all of the curricula; and pilot-test them to determine 
their appropriateness, quality, and effectiveness, or 2) conduct 
judicial branch education and training programs, led by either expert 
or in-house personnel, designed to prepare judges and court personnel 
for innovations, reforms, and/or new technologies recently adopted by 
grantee courts. CAT Grants may not exceed $30,000. Examples of expenses 
not covered by CAT Grants include the salaries, benefits, or travel of 
full-or part-time court employees. Grant periods for CAT Grants 
ordinarily may not exceed 12 months.
    Applicants for CAT Grants will be required to contribute a match of 
not less than 50 percent of the grant amount requested, of which 20 
percent must be cash. In other words, an applicant seeking a $30,000 
CAT grant must provide a $15,000 match, of which up to $12,000 can be 
in-kind and not less than $3,000 must be cash. Funding from other 
federal departments and agencies may not be used for cash match. CAT 
Grant application procedures can be found in section IV.C.

D. Partner Grants

    Partner Grants are intended to allow SJI and federal, state, or 
local agencies or foundations, trusts, or other private entities to 
combine financial resources in pursuit of common interests. SJI and its 
financial partners may set any level for Partner Grants, subject to the 
entire amount of the grant being available at the time of the award. 
Grant periods for Partner Grants ordinarily may not exceed 36 months.
    Partner Grants are subject to the same cash match requirement as 
Project Grants. In other words, grant awards by SJI must be matched at 
least dollar-for-dollar. Partner Grants are initiated and coordinated 
by the funding organizations. More information on Partner Grants can be 
found in section IV.D.

E. Strategic Initiatives Grants

    The Strategic Initiatives Grants (SIG) program provides SJI with 
the flexibility to address national court issues as they occur, and 
develop solutions to those problems. This is an innovative approach 
where SJI uses its expertise and the expertise and knowledge of its 
grantees to address key issues facing state courts across the United 
States.
    The funding is used for grants or contractual services, and any 
remaining balance not used for the SIG program will become available 
for SJI's other grant programs. The program is handled at the 
discretion of the SJI Board of Directors and staff outside the normal 
grant application process (i.e., SJI will initiate the project).

F. Education Support Program (ESP) for Judges and Court Managers

    The Education Support Program (ESP) is intended to enhance the 
skills, knowledge, and abilities of state court judges and court 
managers by enabling them to attend out-of-state, or to enroll in 
online, educational and training programs sponsored by national and 
state providers that they could not otherwise attend or take online 
because of limited state, local, and personal budgets. An ESP award 
only covers the cost of tuition up to a maximum of $1,000 per award. 
ESP application procedures can be found in section IV.E.

IV. Grant Applications

A. Project Grants

    An application for a Project Grant must include an application 
form; budget forms (with appropriate documentation); a project abstract 
and program narrative; a disclosure of lobbying form, when applicable; 
and certain certifications and assurances (see below). See www.sji.gov/forms for Project Grant application forms.
1. Forms
a. Application Form (Form A)
    The application form requests basic information regarding the 
proposed project, the applicant, and the total amount of funding 
requested from SJI. It also requires the signature of an individual 
authorized to certify on behalf of the applicant that the information 
contained in the application is true and complete; that submission of 
the application has been authorized by the applicant; and that if 
funding for the proposed project is approved, the applicant will comply 
with the requirements and conditions of the award, including the 
assurances set forth in Form D.
b. Certificate of State Approval (Form B)
    An application from a state or local court must include a copy of 
Form B signed by the state's chief justice or state court 
administrator. The signature denotes that the proposed project has been 
approved by the state's highest court or the agency or council it has 
designated. It denotes further that, if applicable, a cash match 
reduction has been requested, and that if SJI approves funding for the 
project, the court or the specified designee will receive, administer, 
and be accountable for the awarded funds.
c. Budget Form (Form C)
    Applicants must submit a Form C. In addition, applicants must 
provide a detailed budget narrative providing an explanation of the 
basis for the estimates in each budget category (see subsection A.4. 
below).
    If funds from other sources are required to conduct the project, 
either as match or to support other aspects of the project, the source, 
current status of the request, and anticipated decision date must be 
provided.
d. Assurances (Form D)
    This form lists the statutory, regulatory, and policy requirements 
with which recipients of Institute funds must comply.
e. Disclosure of Lobbying Activities (Form E)
    Applicants other than units of state or local government are 
required to disclose whether they, or another entity that is part of 
the same organization as the applicant, have advocated a position 
before Congress on any issue, and to identify the specific subjects of 
their lobbying efforts (see section VI.A.7.).
2. Project Abstract
    The abstract should highlight the purposes, goals, methods, and 
anticipated benefits of the proposed project. It should not exceed 1 
single-spaced page.
3. Program Narrative
    The program narrative for an application may not exceed 25 double-
spaced pages. The pages should be numbered. This page limit does not 
include the forms, the abstract, the budget narrative, and any 
appendices containing resumes and letters of cooperation or 
endorsement. Additional background material should be attached only if 
it is essential to impart a clear understanding of the proposed 
project. Numerous and lengthy appendices are strongly discouraged.
    The program narrative should address the following topics:
a. Project Objectives
    The applicant should include a clear, concise statement of what the 
proposed project is intended to accomplish. In stating the objectives 
of the project, applicants should focus on the overall programmatic 
objective (e.g., to enhance understanding and skills regarding a 
specific subject, or to determine how a certain procedure affects the 
court and litigants) rather than on operational objectives.
    The applicant must describe how the proposed project addresses one 
or more

[[Page 66108]]

Priority Investment Areas. If the project does not address one or more 
Priority Investment Areas, the applicant must provide an explanation 
why not.
b. Need for the Project
    If the project is to be conducted in any specific location(s), the 
applicant should discuss the particular needs of the project site(s) to 
be addressed by the project and why those needs are not being met 
through the use of existing programs, procedures, services, or other 
resources.
    If the project is not site-specific, the applicant should discuss 
the problems that the proposed project would address, and why existing 
programs, procedures, services, or other resources cannot adequately 
resolve those problems. In addition, the applicant should describe how, 
if applicable, the project will be sustained in the future through 
existing resources.
    The discussion should include specific references to the relevant 
literature and to the experience in the field. SJI continues to make 
all grant reports and most grant products available online through the 
National Center for State Courts (NCSC) Library and Digital Archive. 
Applicants are required to conduct a search of the NCSC Library and 
Digital Archive on the topic areas they are addressing. This search 
should include SJI-funded grants, and previous projects not supported 
by SJI. Searches for SJI grant reports and other state court resources 
begin with the NCSC Library section. Applicants must discuss the 
results of their research; how they plan to incorporate the previous 
work into their proposed project; and if the project will differentiate 
from prior work.
c. Tasks, Methods and Evaluations
    (1) Tasks and Methods. The applicant should delineate the tasks to 
be performed in achieving the project objectives and the methods to be 
used for accomplishing each task. For example:
    (a) For research and evaluation projects, the applicant should 
include the data sources, data collection strategies, variables to be 
examined, and analytic procedures to be used for conducting the 
research or evaluation and ensuring the validity and general 
applicability of the results. For projects involving human subjects, 
the discussion of methods should address the procedures for obtaining 
respondents' informed consent, ensuring the respondents' privacy and 
freedom from risk or harm, and protecting others who are not the 
subjects of research but would be affected by the research. If the 
potential exists for risk or harm to human subjects, a discussion 
should be included that explains the value of the proposed research and 
the methods to be used to minimize or eliminate such risk.
    (b) For education and training projects, the applicant should 
include the adult education techniques to be used in designing and 
presenting the program, including the teaching/learning objectives of 
the educational design, the teaching methods to be used, and the 
opportunities for structured interaction among the participants; how 
faculty would be recruited, selected, and trained; the proposed number 
and length of the conferences, courses, seminars, or workshops to be 
conducted and the estimated number of persons who would attend them; 
the materials to be provided and how they would be developed; and the 
cost to participants.
    (c) For demonstration projects, the applicant should include the 
demonstration sites and the reasons they were selected, or if the sites 
have not been chosen, how they would be identified and their 
cooperation obtained; and how the program or procedures would be 
implemented and monitored.
    (d) For technical assistance projects, the applicant should explain 
the types of assistance that would be provided; the particular issues 
and problems for which assistance would be provided; the type of 
assistance determined; how suitable providers would be selected and 
briefed; and how reports would be reviewed.
    (2) Evaluation. Projects should include an evaluation plan to 
determine whether the project met its objectives. The evaluation should 
be designed to provide an objective and independent assessment of the 
effectiveness or usefulness of the training or services provided; the 
impact of the procedures, technology, or services tested; or the 
validity and applicability of the research conducted. The evaluation 
plan should be appropriate to the type of project proposed.
d. Project Management
    The applicant should present a detailed management plan, including 
the starting and completion date for each task; the time commitments to 
the project of key staff and their responsibilities regarding each 
project task; and the procedures that would ensure that all tasks are 
performed on time, within budget, and at the highest level of quality. 
In preparing the project time line, Gantt Chart, or schedule, 
applicants should make certain that all project activities, including 
publication or reproduction of project products and their initial 
dissemination, would occur within the proposed project period. The 
management plan must also provide for the submission of Quarterly 
Progress and Financial Reports within 30 days after the close of each 
calendar quarter (i.e., no later than January 30, April 30, July 30, 
and October 30), per section VI.A.13.
    Applicants should be aware that SJI is unlikely to approve a 
limited extension of the grant period without strong justification. 
Therefore, the management plan should be as realistic as possible and 
fully reflect the time commitments of the proposed project staff and 
consultants.
e. Products
    The program narrative in the application should contain a 
description of the product(s) to be developed (e.g., training curricula 
and materials, Web sites or other electronic multimedia, articles, 
guidelines, manuals, reports, handbooks, benchbooks, or books), 
including when they would be submitted to SJI. The budget should 
include the cost of producing and disseminating the product to the 
state chief justice, state court administrator, and other appropriate 
judges or court personnel. If final products involve electronic 
formats, the applicant should indicate how the product would be made 
available to other courts. Discussion of this dissemination process 
should occur between the grantee and SJI prior to the final selection 
of the dissemination process to be used.
    (1) Dissemination Plan. The application must explain how and to 
whom the products would be disseminated; describe how they would 
benefit the state courts, including how they could be used by judges 
and court personnel; identify development, production, and 
dissemination costs covered by the project budget; and present the 
basis on which products and services developed or provided under the 
grant would be offered to the court community and the public at large 
(i.e., whether products would be distributed at no cost to recipients, 
or if costs are involved, the reason for charging recipients and the 
estimated price of the product) (see section VI.A.11.b.). Ordinarily, 
applicants should schedule all product preparation and distribution 
activities within the project period.
    Applicants proposing to develop web-based products should provide 
for sending a notice and description of the document to the appropriate 
audiences to alert them to the availability of the Web site or 
electronic product (i.e., a

[[Page 66109]]

written report with a reference to the Web site).
    Three (3) copies of all project products should be submitted to 
SJI, along with an electronic version in HTML or PDF format. 
Discussions of final product dissemination should be conducted with SJI 
prior to the end of the grant period.
    (2) Types of Products. The type of product to be prepared depends 
on the nature of the project. For example, in most instances, the 
products of a research, evaluation, or demonstration project should 
include an article summarizing the project findings that is publishable 
in a journal serving the courts community nationally, an executive 
summary that would be disseminated to the project's primary audience, 
or both. Applicants proposing to conduct empirical research or 
evaluation projects with national import should describe how they would 
make their data available for secondary analysis after the grant period 
(see section VI.A.14.a.).
    The curricula and other products developed through education and 
training projects should be designed for use by others and again by the 
original participants in the course of their duties.
    (3) SJI Review. Applicants must submit a final draft of all written 
grant products to SJI for review and approval at least 30 days before 
the products are submitted for publication or reproduction. For 
products in Web site or multimedia format, applicants must provide for 
SJI review of the product at the treatment, script, rough-cut, and 
final stages of development, or their equivalents. No grant funds may 
be obligated for publication or reproduction of a final grant product 
without the written approval of SJI (see section VI.A.11.f.).
    (4) Acknowledgment, Disclaimer, and Logo. Applicants must also 
include in all project products a prominent acknowledgment that support 
was received from SJI and a disclaimer paragraph based on the example 
provided in section VI.A.11.a.2. in the Grant Guideline. The ``SJI'' 
logo must appear on the front cover of a written product, or in the 
opening frames of a Web site or other multimedia product, unless SJI 
approves another placement. The SJI logo can be downloaded from SJI's 
Web site: www.sji.gov.
f. Applicant Status
    An applicant that is not a state or local court and has not 
received a grant from SJI within the past three years should indicate 
whether it is either a national non-profit organization controlled by, 
operating in conjunction with, and serving the judicial branches of 
state governments, or a national non-profit organization for the 
education and training of state court judges and support personnel (see 
section II). If the applicant is a non-judicial unit of federal, state, 
or local government, it must explain whether the proposed services 
could be adequately provided by non-governmental entities.
g. Staff Capability
    The applicant should include a summary of the training and 
experience of the key staff members and consultants that qualify them 
for conducting and managing the proposed project. Resumes of identified 
staff should be attached to the application. If one or more key staff 
members and consultants are not known at the time of the application, a 
description of the criteria that would be used to select persons for 
these positions should be included. The applicant also should identify 
the person who would be responsible for managing and reporting on the 
financial aspects of the proposed project.
h. Organizational Capacity
    Applicants that have not received a grant from SJI within the past 
three years should include a statement describing their capacity to 
administer grant funds, including the financial systems used to monitor 
project expenditures (and income, if any), and a summary of their past 
experience in administering grants, as well as any resources or 
capabilities that they have that would particularly assist in the 
successful completion of the project.
    Unless requested otherwise, an applicant that has received a grant 
from SJI within the past three years should describe only the changes 
in its organizational capacity, tax status, or financial capability 
that may affect its capacity to administer a grant.
    If the applicant is a non-profit organization (other than a 
university), it must also provide documentation of its 501(c) tax-
exempt status as determined by the Internal Revenue Service and a copy 
of a current certified audit report. For purposes of this requirement, 
``current'' means no earlier than two years prior to the present 
calendar year.
    If a current audit report is not available, SJI will require the 
organization to complete a financial capability questionnaire, which 
must be signed by a certified public accountant. Other applicants may 
be required to provide a current audit report, a financial capability 
questionnaire, or both, if specifically requested to do so by the 
Institute.
i. Statement of Lobbying Activities
    Non-governmental applicants must submit SJI's Disclosure of 
Lobbying Activities Form E, which documents whether they, or another 
entity that is a part of the same organization as the applicant, have 
advocated a position before Congress on any issue, and identifies the 
specific subjects of their lobbying efforts.
j. Letters of Cooperation or Support
    If the cooperation of courts, organizations, agencies, or 
individuals other than the applicant is required to conduct the 
project, the applicant should attach written assurances of cooperation 
and availability to the application, or send them under separate cover. 
Letters of general support for a project are also encouraged.
4. Budget Narrative
    In addition to Project Grant applications, the following section 
also applies to Technical Assistance and Curriculum Adaptation and 
Training grant applications.
    The budget narrative should provide the basis for the computation 
of all project-related costs. When the proposed project would be 
partially supported by grants from other funding sources, applicants 
should make clear what costs would be covered by those other grants. 
Additional background information or schedules may be attached if they 
are essential to obtaining a clear understanding of the proposed 
budget. Numerous and lengthy appendices are strongly discouraged.
    The budget narrative should cover the costs of all components of 
the project and clearly identify costs attributable to the project 
evaluation.
a. Justification of Personnel Compensation
    The applicant should set forth the percentages of time to be 
devoted by the individuals who would staff the proposed project, the 
annual salary of each of those persons, and the number of work days per 
year used for calculating the percentages of time or daily rates of 
those individuals. The applicant should explain any deviations from 
current rates or established written organizational policies. No grant 
funds or cash match may be used to pay the salary and related costs for 
a current or new employee of a court or other unit of government 
because such funds would constitute a supplantation of

[[Page 66110]]

state or local funds in violation of 42 U.S.C. 10706(d)(1); this 
includes new employees hired specifically for the project. The salary 
and any related costs for a current or new employee of a court or other 
unit of government may only be accepted as in-kind match.
b. Fringe Benefit Computation
    For non-governmental entities, the applicant should provide a 
description of the fringe benefits provided to employees. If 
percentages are used, the authority for such use should be presented, 
as well as a description of the elements included in the determination 
of the percentage rate.
c. Consultant/Contractual Services and Honoraria
    The applicant should describe the tasks each consultant would 
perform, the estimated total amount to be paid to each consultant, the 
basis for compensation rates (e.g., the number of days multiplied by 
the daily consultant rates), and the method for selection. Rates for 
consultant services must be set in accordance with section VII.I.2.c. 
Prior written SJI approval is required for any consultant rate in 
excess of $800 per day; SJI funds may not be used to pay a consultant 
more than $1,100 per day. Honorarium payments must be justified in the 
same manner as consultant payments.
d. Travel
    Transportation costs and per diem rates must comply with the 
policies of the applicant organization. If the applicant does not have 
an established travel policy, then travel rates must be consistent with 
those established by the federal government. The budget narrative 
should include an explanation of the rate used, including the 
components of the per diem rate and the basis for the estimated 
transportation expenses. The purpose of the travel should also be 
included in the narrative.
e. Equipment
    Grant funds may be used to purchase only the equipment necessary to 
demonstrate a new technological application in a court or that is 
otherwise essential to accomplishing the objectives of the project. In 
other words, grant funds cannot be used strictly for the purpose of 
purchasing equipment. Equipment purchases to support basic court 
operations ordinarily will not be approved. The applicant should 
describe the equipment to be purchased or leased and explain why the 
acquisition of that equipment is essential to accomplish the project's 
goals and objectives. The narrative should clearly identify which 
equipment is to be leased and which is to be purchased. The method of 
procurement should also be described. Purchases of automated data 
processing equipment must comply with section VII.I.2.b.
f. Supplies
    The applicant should provide a general description of the supplies 
necessary to accomplish the goals and objectives of the grant. In 
addition, the applicant should provide the basis for the amount 
requested for this expenditure category.
g. Construction
    Construction expenses are prohibited except for the limited 
purposes set forth in section VI.A.16.b. Any allowable construction or 
renovation expense should be described in detail in the budget 
narrative.
h. Postage
    Anticipated postage costs for project-related mailings, including 
distribution of the final product(s), should be described in the budget 
narrative. The cost of special mailings, such as for a survey or for 
announcing a workshop, should be distinguished from routine operational 
mailing costs. The bases for all postage estimates should be included 
in the budget narrative.
i. Printing/Photocopying
    Anticipated costs for printing or photocopying project documents, 
reports, and publications should be included in the budget narrative, 
along with the bases used to calculate these estimates.
j. Indirect Costs
    Indirect costs are only applicable to organizations that are not 
state courts or government agencies. Recoverable indirect costs are 
limited to no more than 75 percent of a grantee's direct personnel 
costs, i.e. salaries plus fringe benefits (see section VII.I.4.).
    Applicants should describe the indirect cost rates applicable to 
the grant in detail. If costs often included within an indirect cost 
rate are charged directly (e.g., a percentage of the time of senior 
managers to supervise project activities), the applicant should specify 
that these costs are not included within its approved indirect cost 
rate. These rates must be established in accordance with section 
VII.I.4. If the applicant has an indirect cost rate or allocation plan 
approved by any federal granting agency, a copy of the approved rate 
agreement must be attached to the application.
5. Submission Requirements
    a. Every applicant must submit an original and three copies of the 
application package consisting of Form A; Form B, if the application is 
from a state or local court, or a Disclosure of Lobbying Form (Form E), 
if the applicant is not a unit of state or local government; Form C; 
the Application Abstract; the Program Narrative; the Budget Narrative; 
and any necessary appendices.
    Letters of application may be submitted at any time. However, 
applicants are encouraged to review the grant deadlines available on 
the SJI Web site. Receipt of each application will be acknowledged by 
letter or email.
    b. Applicants submitting more than one application may include 
material that would be identical in each application in a cover letter. 
This material will be incorporated by reference into each application 
and counted against the 25-page limit for the program narrative. A copy 
of the cover letter should be attached to each copy of the application.

B. Technical Assistance (TA) Grants

1. Application Procedures
    Applicants for TA Grants may submit an original and three copies of 
a detailed letter describing the proposed project, as well as a Form 
A--State Justice Institute Application; Form B--Certificate of State 
Approval from the State Supreme Court, or its designated agency; and 
Form C--Project Budget in Tabular Format (see www.sji.gov/forms).
2. Application Format
    Although there is no prescribed form for the letter, or a minimum 
or maximum page limit, letters of application should include the 
following information:
    a. Need for Funding. The applicant must explain the critical need 
facing the applicant, and the proposed technical assistance that will 
enable the applicant meet this critical need. The applicant must also 
explain why state or local resources are not sufficient to fully 
support the costs of the project. In addition, the applicant should 
describe how, if applicable, the project will be sustained in the 
future through existing resources.
    The discussion should include specific references to the relevant 
literature and to the experience in the field. SJI continues to make 
all grant reports and most grant products available online through the 
National Center for State Courts (NCSC) Library and Digital Archive. 
Applicants are required to conduct a search of the

[[Page 66111]]

NCSC Library and Digital Archive on the topic areas they are 
addressing. This search should include SJI-funded grants, and previous 
projects not supported by SJI. Searches for SJI grant reports and other 
state court resources begin with the NCSC Library section. Applicants 
must discuss the results of their research; how they plan to 
incorporate the previous work into their proposed project; and if the 
project will differentiate from prior work.
    b. Project Description. The applicant must describe how the 
proposed project addressed one or more Priority Investment Areas. If 
the project does not address one or more Priority Investment Areas, the 
applicant must provide an explanation why not.
    The applicant must describe the tasks the consultant will perform, 
and how would they be accomplished. In addition, the applicant must 
identify which organization or individual will be hired to provide the 
assistance, and how the consultant was selected. If a consultant has 
not yet been identified, what procedures and criteria would be used to 
select the consultant (applicants are expected to follow their 
jurisdictions' normal procedures for procuring consultant services)? 
What specific tasks would the consultant(s) and court staff undertake? 
What is the schedule for completion of each required task and the 
entire project? How would the applicant oversee the project and provide 
guidance to the consultant, and who at the court or regional court 
association would be responsible for coordinating all project tasks and 
submitting quarterly progress and financial status reports?
    If the consultant has been identified, the applicant should provide 
a letter from that individual or organization documenting interest in 
and availability for the project, as well as the consultant's ability 
to complete the assignment within the proposed time frame and for the 
proposed cost. The consultant must agree to submit a detailed written 
report to the court and SJI upon completion of the technical 
assistance.
    c. Likelihood of Implementation. What steps have been or would be 
taken to facilitate implementation of the consultant's recommendations 
upon completion of the technical assistance? For example, if the 
support or cooperation of specific court officials or committees, other 
agencies, funding bodies, organizations, or a court other than the 
applicant would be needed to adopt the changes recommended by the 
consultant and approved by the court, how would they be involved in the 
review of the recommendations and development of the implementation 
plan?
3. Budget and Matching State Contribution
    Applicants must follow the same guidelines provided under Section 
IV.A.4. A completed Form C--Project Budget, Tabular Format and budget 
narrative must be included with the letter requesting technical 
assistance.
    The budget narrative should provide the basis for all project-
related costs, including the basis for determining the estimated 
consultant costs, if compensation of the consultant is required (e.g., 
the number of days per task times the requested daily consultant rate). 
Applicants should be aware that consultant rates above $800 per day 
must be approved in advance by SJI, and that no consultant will be paid 
more than $1,100 per day from SJI funds. In addition, the budget should 
provide for submission of two copies of the consultant's final report 
to the SJI.
    Recipients of TA Grants do not have to submit an audit report but 
must maintain appropriate documentation to support expenditures (see 
section VI.A.3.).
4. Submission Requirements
    Letters of application should be submitted according to the grant 
deadlines provided on the SJI Web site.
    If the support or cooperation of agencies, funding bodies, 
organizations, or courts other than the applicant would be needed in 
order for the consultant to perform the required tasks, written 
assurances of such support or cooperation should accompany the 
application letter. Letters of general support for the project are also 
encouraged. Support letters may be submitted under separate cover; 
however, they should be received by the same date as the application.

C. Curriculum Adaptation and Training (CAT) Grants

1. Application Procedures

    In lieu of formal applications, applicants should submit an 
original and three photocopies of a detailed letter as well as a Form 
A--State Justice Institute Application; Form B--Certificate of State 
Approval; and Form C--Project Budget, Tabular Format (see www.sji.gov/forms).
2. Application Format
    Although there is no prescribed format for the letter, or a minimum 
or maximum page limit, letters of application should include the 
following information.
    a. For adaptation of a curriculum:
    (1) Project Description. The applicant must describe how the 
proposed project addresses one or more Priority Investment Areas. If 
the project does not address one or more Priority Investment Areas, the 
applicant must provide an explanation why not. Due to the high costs of 
travel to attend training events, the innovative use of distance 
learning is highly encouraged.
    The applicant must provide the title of the curriculum that will be 
adapted, and identify the entity that originally developed the 
curriculum. The applicant must also address the following questions: 
Why is this education program needed at the present time? What are the 
project's goals? What are the learning objectives of the adapted 
curriculum? What program components would be implemented, and what 
types of modifications, if any, are anticipated in length, format, 
learning objectives, teaching methods, or content? Who would be 
responsible for adapting the model curriculum? Who would the 
participants be, how many would there be, how would they be recruited, 
and from where would they come (e.g., from a single local jurisdiction, 
from across the state, from a multi-state region, from across the 
nation)?
    (2) Need for Funding. The discussion should include specific 
references to the relevant literature and to the experience in the 
field. SJI continues to make all grant reports and most grant products 
available online through the National Center for State Courts (NCSC) 
Library and Digital Archive. Applicants are required to conduct a 
search of the NCSC Library and Digital Archive on the topic areas they 
are addressing. This search should include SJI-funded grants, and 
previous projects not supported by SJI. Searches for SJI grant reports 
and other state court resources begin with the NCSC Library section. 
Applicants must discuss the results of their research; how they plan to 
incorporate the previous work into their proposed project; and if the 
project will differentiate from prior work.
    The applicant should explain why state or local resources are 
unable to fully support the modification and presentation of the model 
curriculum. The applicant should also describe the potential for 
replicating or integrating the adapted curriculum in the future using 
state or local funds, once it has been successfully adapted and tested. 
In addition, the applicant should describe how, if applicable, the 
project will be sustained in the future through existing resources.
    (3) Likelihood of Implementation. The applicant should provide the 
proposed

[[Page 66112]]

timeline, including the project start and end dates, the date(s) the 
judicial branch education program will be presented, and the process 
that will be used to modify and present the program. The applicant 
should also identify who will serve as faculty, and how they were 
selected, in addition to the measures taken to facilitate subsequent 
presentations of the program. Ordinarily, an independent evaluation of 
a curriculum adaptation project is not required; however, the results 
of any evaluation should be included in the final report.
    (4) Expressions of Interest by Judges and/or Court Personnel. Does 
the proposed program have the support of the court system or 
association leadership, and of judges, court managers, and judicial 
branch education personnel who are expected to attend? Applicants may 
demonstrate this by attaching letters of support.
    b. For training assistance:
    (1) Need for Funding. The applicant must describe how the proposed 
project addresses one or more Priority Investment Areas. If the project 
does not address one or more Priority Investment Areas, the applicant 
must provide an explanation why not.
    The discussion should include specific references to the relevant 
literature and to the experience in the field. SJI continues to make 
all grant reports and most grant products available online through the 
National Center for State Courts (NCSC) Library and Digital Archive. 
Applicants are required to conduct a search of the NCSC Library and 
Digital Archive on the topic areas they are addressing. This search 
should include SJI-funded grants, and previous projects not supported 
by SJI. Searches for SJI grant reports and other state court resources 
begin with the NCSC Library section. Applicants must discuss the 
results of their research; how they plan to incorporate the previous 
work into their proposed project; and if the project will differentiate 
from prior work.
    The applicant should describe the court reform or initiative 
prompting the need for training. The applicant should also discuss how 
the proposed training will help the applicant implement planned changes 
at the court, and why state or local resources are not sufficient to 
fully support the costs of the required training. In addition, the 
applicant should describe how, if applicable, the project will be 
sustained in the future through existing resources.
    (2) Project Description. The applicant must identify the tasks the 
trainer(s) will be expected to perform, which organization or 
individual will be hired, and, if in-house personnel are not the 
trainers, how the trainer will be selected. If a trainer has not yet 
been identified, the applicant must describe the procedures and 
criteria that will be used to select the trainer. In addition, the 
applicant should address the following questions: What specific tasks 
would the trainer and court staff or regional court association members 
undertake? What presentation methods will be used? What is the schedule 
for completion of each required task and the entire project? How will 
the applicant oversee the project and provide guidance to the trainer, 
and who at the court or affiliated with the regional court association 
would be responsible for coordinating all project tasks and submitting 
quarterly progress and financial status reports?
    If the trainer has been identified, the applicant should provide a 
letter from that individual or organization documenting interest in and 
availability for the project, as well as the trainer's ability to 
complete the assignment within the proposed time frame and for the 
proposed cost.
    (3) Likelihood of Implementation. The applicant should explain what 
steps have been or will be taken to coordinate the implementation of 
the training. For example, if the support or cooperation of specific 
court or regional court association officials or committees, other 
agencies, funding bodies, organizations, or a court other than the 
applicant will be needed to adopt the reform and initiate the training 
proposed, how will the applicant secure their involvement in the 
development and implementation of the training?
3. Budget and Matching State Contribution
    Applicants must also follow the same guidelines provided under 
Section IV.A.4. Applicants should attach a copy of budget Form C and a 
budget narrative (see subsection A.4. above) that describes the basis 
for the computation of all project-related costs and the source of the 
match offered.
4. Submission Requirements
    For curriculum adaptation requests, applicants should allow at 
least 90 days between the Board meeting and the date of the proposed 
program to allow sufficient time for needed planning. Letters of 
support for the project are also encouraged. Applicants are encouraged 
to call SJI to discuss concerns about timing of submissions.

D. Partner Grants

    SJI and its funding partners may meld, pick and choose, or waive 
their application procedures, grant cycles, or grant requirements to 
expedite the award of jointly-funded grants targeted at emerging or 
high priority problems confronting state and local courts. SJI may 
solicit brief proposals from potential grantees to fellow financial 
partners as a first step. Should SJI be chosen as the lead grant 
manager, Project Grant application procedures will apply to the 
proposed Partner Grant.

E. Education Support Program (ESP)

1. Limitations
    Applicants may not receive more than one ESP award in a two-year 
fiscal year period unless the course specifically assumes multi-year 
participation, such as a certification program or a graduate degree 
program in judicial studies in which the applicant is currently 
enrolled (neither exception should be taken as a commitment on the part 
of the SJI Board of Directors to approve serial ESP awards). If the 
course assumes multi-year participation, awards will be limited to one 
per fiscal year. Attendance at annual or mid-year meetings or 
conferences of a state or national organization does not qualify as an 
out-of-state educational program for the ESP, even though it may 
include workshops or other training sessions.
    The ESP only covers the cost of tuition up to a maximum of $1,000 
per award, per course. Awards will be made for the exact amount 
requested for tuition. Funds to pay tuition in excess of $1,000, and 
other cost of attending the program such as travel, lodging, meals, 
materials, transportation to and from airports (including rental cars) 
must be obtained from other sources or borne by the ESP award 
recipient. Applicants are encouraged to check other sources of 
financial assistance and to combine aid from various sources whenever 
possible. An ESP award is not transferable to another individual. It 
may be used only for the course specified in the application unless the 
applicant's request to attend a different course that meets the 
eligibility requirements is approved in writing by SJI.
2. Eligibility Requirements
    a. Recipients. Because of the limited amount of funding available, 
only full-time judges of state or local trial and appellate courts; 
full-time professional, state, or local court personnel with management 
and supervisory responsibilities; and supervisory and management 
probation personnel in judicial branch probation offices are eligible 
for the program. Senior judges,

[[Page 66113]]

part-time judges, quasi-judicial hearing officers including referees 
and commissioners, administrative law judges, staff attorneys, law 
clerks, line staff, law enforcement officers, and other executive 
branch personnel are not eligible.
    b. Courses. An ESP award is only for: (1) A course presented in a 
state other than the one in which the applicant resides or works, or 
(2) an online course. The course must be designed to enhance the skills 
of new or experienced judges and court managers; or be offered by a 
recognized graduate program for judges or court managers.
    Applicants are encouraged not to wait for the decision on an ESP 
application to register for an educational program they wish to attend. 
SJI does not submit the names of ESP award recipients to educational 
organizations, nor provide the funds to the educational organization. 
ESP funds are provided as reimbursements directly to the recipient.
3. Forms
    a. Education Support Program Application--Form ESP-1 (see 
www.sji.gov/forms). The application requests basic information about 
the applicant and the educational program the applicant would like to 
attend. It also addresses the applicant's commitment to share the 
skills and knowledge gained with state and local court colleagues. The 
application must bear the original signature of the applicant. Faxed or 
photocopied signatures will not be accepted. SJI will not supplant 
state funds with these awards.
    b. Education Support Program Concurrence--Form ESP-2 Judges and 
court managers applying for the program must submit the original 
written concurrence of the chief justice of the state's supreme court 
(or the chief justice's designee) on Form ESP-2. The signature of the 
presiding judge of the applicant's court may not be substituted for 
that of the state's chief justice or the chief justice's designee. The 
chief justice or state court administrator must notify SJI of the 
designees within the state for ESP purposes.
4. Submission Requirements
    Applications may be submitted at any time but will be reviewed on a 
quarterly basis. This means ESP awards will be on a ``first-come, 
first-considered'' basis. The dates for applications to be received by 
SJI for consideration in FY 2015 are November 1, February 1, May 1, and 
August 1. These are not mailing deadlines. The applications must be 
received by SJI on or before each of these dates. No exceptions or 
extensions will be granted. All the required items must be received for 
an application to be considered. If the Concurrence form or letter of 
support is sent separately from the application, the postmark date of 
the last item sent will be used in determining the review date. All 
applications should be sent by mail or courier (not fax or email).

V. Application Review Procedures

A. Preliminary Inquiries

    SJI staff will answer inquiries concerning application procedures.

B. Selection Criteria

1. Project Grant Applications
    a. Project Grant applications will be rated on the basis of the 
criteria set forth below. SJI will accord the greatest weight to the 
following criteria:
    (1) The soundness of the methodology;
    (2) The demonstration of need for the project;
    (3) The appropriateness of the proposed evaluation design;
    (4) If applicable, the key findings and recommendations of the most 
recent evaluation and the proposed responses to those findings and 
recommendations;
    (5) The applicant's management plan and organizational 
capabilities;
    (6) The qualifications of the project's staff;
    (7) The products and benefits resulting from the project, including 
the extent to which the project will have long-term benefits for state 
courts across the nation;
    (8) The degree to which the findings, procedures, training, 
technology, or other results of the project can be transferred to other 
jurisdictions;
    (9) The reasonableness of the proposed budget; and,
    (10) The demonstration of cooperation and support of other agencies 
that may be affected by the project.
    b. In determining which projects to support, SJI will also consider 
whether the applicant is a state court, a national court support or 
education organization, a non-court unit of government, or other type 
of entity eligible to receive grants under SJI's enabling legislation 
(see section II.); the availability of financial assistance from other 
sources for the project; the amount of the applicant's match; the 
extent to which the proposed project would also benefit the federal 
courts or help state courts enforce federal constitutional and 
legislative requirements; and the level of appropriations available to 
SJI in the current year and the amount expected to be available in 
succeeding fiscal years.
2. Technical Assistance (TA) Grant Applications
    TA Grant applications will be rated on the basis of the following 
criteria:
    a. Whether the assistance would address a critical need of the 
applicant;
    b. The soundness of the technical assistance approach to the 
problem;
    c. The qualifications of the consultant(s) to be hired or the 
specific criteria that will be used to select the consultant(s);
    d. The commitment of the court or association to act on the 
consultant's recommendations; and,
    e. The reasonableness of the proposed budget.
    SJI also will consider factors such as the level and nature of the 
match that would be provided, diversity of subject matter, geographic 
diversity, the level of appropriations available to SJI in the current 
year, and the amount expected to be available in succeeding fiscal 
years.
3. Curriculum Adaptation and Training (CAT) Grant Applications
    CAT Grant applications will be rated on the basis of the following 
criteria:
    a. For curriculum adaptation projects:
    (1) The goals and objectives of the proposed project;
    (2) The need for outside funding to support the program;
    (3) The appropriateness of the approach in achieving the project's 
educational objectives;
    (4) The likelihood of effective implementation and integration of 
the modified curriculum into ongoing educational programming; and,
    (5) Expressions of interest by the judges and/or court personnel 
who would be directly involved in or affected by the project.
    b. For training assistance:
    (1) Whether the training would address a critical need of the court 
or association;
    (2) The soundness of the training approach to the problem;
    (3) The qualifications of the trainer(s) to be hired or the 
specific criteria that will be used to select the trainer(s);
    (4) The commitment of the court or association to the training 
program; and
    (5) The reasonableness of the proposed budget.
    SJI will also consider factors such as the reasonableness of the 
amount requested; compliance with match requirements; diversity of 
subject matter, geographic diversity; the level of appropriations 
available to SJI in the current year; and the amount expected to be 
available in succeeding fiscal years.

[[Page 66114]]

4. Partner Grants
    The selection criteria for Partner Grants will be driven by the 
collective priorities of SJI and other organizations and their 
collective assessments regarding the needs and capabilities of court 
and court-related organizations. Having settled on priorities, SJI and 
its financial partners will likely contact the courts or court-related 
organizations most acceptable as pilots, laboratories, consultants, or 
the like.
5. Education Support Program (ESP)
    ESP awards are only for programs that either: (1) Enhance the 
skills of judges and court managers; or (2) are part of a graduate 
degree program for judges or court personnel. Awards are provided on 
the basis of:
    a. The date on which the application and concurrence (and support 
letter, if required) were sent (``first-come, first-considered'');
    b. The unavailability of state or local funds, or funding from 
another source to cover the costs of attending the program, or 
participating online;
    c. The absence of educational programs in the applicant's state 
addressing the topic(s) covered by the educational program for which 
the award is being sought;
    d. Geographic balance among the recipients;
    e. The balance of ESP awards among educational providers and 
programs;
    f. The balance of ESP awards among the types of courts and court 
personnel (trial judge, appellate judge, trial court administrator) 
represented; and
    g. The level of appropriations available to SJI in the current year 
and the amount expected to be available in succeeding fiscal years.
    The postmark or courier receipt will be used to determine the date 
on which the application form and other required items were sent.

C. Review and Approval Process

1. Project Grant Applications
    SJI's Board of Directors will review the applications 
competitively. The Board will review all applications and decide which 
projects to fund. The decision to fund a project is solely that of the 
Board of Directors. The Chairman of the Board will sign approved awards 
on behalf of SJI.
2. Technical Assistance (TA) and Curriculum Adaptation and Training 
(CAT) Grant Applications
    The Board will review the applications competitively. The Board 
will review all applications and decide which projects to fund. The 
decision to fund a project is solely that of the Board of Directors. 
The Chairman of the Board will sign approved awards on behalf of SJI.
3. Education Support Program (ESP)
    A committee of the Board of Directors will review ESP applications 
quarterly. The committee will review the applications competitively. 
The Chairman of the Board will sign approved awards on behalf of SJI.
4. Partner Grants
    SJI's internal process for the review and approval of Partner 
Grants will depend on negotiations with fellow financiers. SJI may use 
its procedures, a partner's procedures, a mix of both, or entirely 
unique procedures. All Partner Grants will be approved by the Board of 
Directors.

D. Return Policy

    Unless a specific request is made, unsuccessful applications will 
not be returned. Applicants are advised that SJI records are subject to 
the provisions of the Federal Freedom of Information Act, 5 U.S.C. 552.

E. Notification of Board Decision

    SJI will send written notice to applicants concerning all Board 
decisions to approve, defer, or deny their respective applications. For 
all applications (except ESP applications), if requested, SJI will 
convey the key issues and questions that arose during the review 
process. A decision by the Board to deny an application may not be 
appealed, but it does not prohibit resubmission of a proposal based on 
that application in a subsequent funding cycle.

F. Response to Notification of Approval

    With the exception of those approved for ESP awards, applicants 
have 30 days from the date of the letter notifying them that the Board 
has approved their application to respond to any revisions requested by 
the Board. If the requested revisions (or a reasonable schedule for 
submitting such revisions) have not been submitted to SJI within 30 
days after notification, the approval may be rescinded and the 
application presented to the Board for reconsideration. In the event an 
issue will only be resolved after award, such as the selection of a 
consultant, the final award document will include a Special Condition 
that will require additional grantee reporting and SJI review and 
approval. Special Conditions, in the form of incentives or sanctions, 
may also be used in other situations.

VI. Compliance Requirements

    The State Justice Institute Act contains limitations and conditions 
on grants, contracts, and cooperative agreements awarded by SJI. The 
Board of Directors has approved additional policies governing the use 
of SJI grant funds. These statutory and policy requirements are set 
forth below.

A. Recipients of Project Grants

1. Advocacy
    No funds made available by SJI may be used to support or conduct 
training programs for the purpose of advocating particular non-judicial 
public policies or encouraging non-judicial political activities (42 
U.S.C. 10706(b)).
2. Approval of Key Staff
    If the qualifications of an employee or consultant assigned to a 
key project staff position are not described in the application or if 
there is a change of a person assigned to such a position, the 
recipient must submit a description of the qualifications of the newly 
assigned person to SJI. Prior written approval of the qualifications of 
the new person assigned to a key staff position must be received from 
the Institute before the salary or consulting fee of that person and 
associated costs may be paid or reimbursed from grant funds (see 
section VIII.A.7.).
3. Audit
    Recipients of project grants must provide for an annual fiscal 
audit which includes an opinion on whether the financial statements of 
the grantee present fairly its financial position and its financial 
operations are in accordance with generally accepted accounting 
principles (see section VII.K. for the requirements of such audits). 
ESP award recipients, Curriculum Adaptation and Training Grants, and 
Technical Assistance Grants are not required to submit an audit, but 
they must maintain appropriate documentation to support all 
expenditures (see section VIII.K.).
4. Budget Revisions
    Budget revisions among direct cost categories that: (a) Transfer 
grant funds to an unbudgeted cost category, or (b) individually or 
cumulatively exceed five percent of the approved original budget or the 
most recently approved revised budget require prior SJI approval (see 
section VIII.A.1.).
5. Conflict of Interest
    Personnel and other officials connected with SJI-funded programs

[[Page 66115]]

must adhere to the following requirements:
    a. No official or employee of a recipient court or organization 
shall participate personally through decision, approval, disapproval, 
recommendation, the rendering of advice, investigation, or otherwise in 
any proceeding, application, request for a ruling or other 
determination, contract, grant, cooperative agreement, claim, 
controversy, or other particular matter in which SJI funds are used, 
where, to his or her knowledge, he or she or his or her immediate 
family, partners, organization other than a public agency in which he 
or she is serving as officer, director, trustee, partner, or employee 
or any person or organization with whom he or she is negotiating or has 
any arrangement concerning prospective employment, has a financial 
interest.
    b. In the use of SJI project funds, an official or employee of a 
recipient court or organization shall avoid any action which might 
result in or create the appearance of:
    (1) Using an official position for private gain; or
    (2) Affecting adversely the confidence of the public in the 
integrity of the Institute program.
    c. Requests for proposals or invitations for bids issued by a 
recipient of Institute funds or a subgrantee or subcontractor will 
provide notice to prospective bidders that the contractors who develop 
or draft specifications, requirements, statements of work, and/or 
requests for proposals for a proposed procurement will be excluded from 
bidding on or submitting a proposal to compete for the award of such 
procurement.
6. Inventions and Patents
    If any patentable items, patent rights, processes, or inventions 
are produced in the course of SJI-sponsored work, such fact shall be 
promptly and fully reported to the Institute. Unless there is a prior 
agreement between the grantee and SJI on disposition of such items, SJI 
shall determine whether protection of the invention or discovery shall 
be sought. SJI will also determine how the rights in the invention or 
discovery, including rights under any patent issued thereon, shall be 
allocated and administered in order to protect the public interest 
consistent with ``Government Patent Policy'' (President's Memorandum 
for Heads of Executive Departments and Agencies, February 18, 1983, and 
statement of Government Patent Policy).
7. Lobbying
    a. Funds awarded to recipients by SJI shall not be used, indirectly 
or directly, to influence Executive Orders or similar promulgations by 
federal, state or local agencies, or to influence the passage or defeat 
of any legislation by federal, state or local legislative bodies (42 
U.S.C. 10706(a)).
    b. It is the policy of the Board of Directors to award funds only 
to support applications submitted by organizations that would carry out 
the objectives of their applications in an unbiased manner. Consistent 
with this policy and the provisions of 42 U.S.C. 10706, SJI will not 
knowingly award a grant to an applicant that has, directly or through 
an entity that is part of the same organization as the applicant, 
advocated a position before Congress on the specific subject matter of 
the application.
8. Matching Requirements
    All grantees other than ESP award recipients are required to 
provide a match. A match is the portion of project costs not borne by 
the Institute. Match includes both cash and in-kind contributions. Cash 
match is the direct outlay of funds by the grantee or a third party to 
support the project. In-kind match consists of contributions of time 
and/or services of current staff members, new employees, space, 
supplies, etc., made to the project by the grantee or others (e.g., 
advisory board members) working directly on the project or that portion 
of the grantee's federally-approved indirect cost rate that exceeds the 
Guideline's limit of permitted charges (75 percent of salaries and 
benefits).
    Under normal circumstances, allowable match may be incurred only 
during the project period. When appropriate, and with the prior written 
permission of SJI, match may be incurred from the date of the Board of 
Directors' approval of an award. The amount and nature of required 
match depends on the type of grant (see section III.).
    The grantee is responsible for ensuring that the total amount of 
match proposed is actually contributed. If a proposed contribution is 
not fully met, SJI may reduce the award amount accordingly, in order to 
maintain the ratio originally provided for in the award agreement (see 
section VII.E.1.). Match should be expended at the same rate as SJI 
funding.
    The Board of Directors looks favorably upon any unrequired match 
contributed by applicants when making grant decisions. The match 
requirement may be waived in exceptionally rare circumstances upon the 
request of the chief justice of the highest court in the state or the 
highest ranking official in the requesting organization and approval by 
the Board of Directors (42 U.S.C. 10705(d)). The Board of Directors 
encourages all applicants to provide the maximum amount of cash and in-
kind match possible, even if a waiver is approved. The amount and 
nature of match are criteria in the grant selection process (see 
section V.B.1.b.).
    Other federal department and agency funding may not be used for 
cash match.
9. Nondiscrimination
    No person may, on the basis of race, sex, national origin, 
disability, color, or creed be excluded from participation in, denied 
the benefits of, or otherwise subjected to discrimination under any 
program or activity supported by SJI funds. Recipients of SJI funds 
must immediately take any measures necessary to effectuate this 
provision.
10. Political Activities
    No recipient may contribute or make available SJI funds, program 
personnel, or equipment to any political party or association, or the 
campaign of any candidate for public or party office. Recipients are 
also prohibited from using funds in advocating or opposing any ballot 
measure, initiative, or referendum. Officers and employees of 
recipients shall not intentionally identify SJI or recipients with any 
partisan or nonpartisan political activity associated with a political 
party or association, or the campaign of any candidate for public or 
party office (42 U.S.C. 10706(a)).
11. Products
a. Acknowledgment, Logo, and Disclaimer
    (1) Recipients of SJI funds must acknowledge prominently on all 
products developed with grant funds that support was received from the 
SJI. The ``SJI'' logo must appear on the front cover of a written 
product, or in the opening frames of a multimedia product, unless 
another placement is approved in writing by SJI. This includes final 
products printed or otherwise reproduced during the grant period, as 
well as re-printings or reproductions of those materials following the 
end of the grant period. A camera-ready logo sheet is available on 
SJI's Web site: www.sji.gov/forms.
    (2) Recipients also must display the following disclaimer on all 
grant products: ``This [document, film, videotape, etc.] was developed 
under [grant/cooperative agreement] number SJI-[insert number] from the 
State Justice Institute. The points of view expressed are those of the 
[author(s), filmmaker(s), etc.] and do not

[[Page 66116]]

necessarily represent the official position or policies of the State 
Justice Institute.''
    (3) In addition to other required grant products and reports, 
recipients must provide a one page executive summary of the project. 
The summary should include a background on the project, the tasks 
undertaken, and the outcome. In addition, the summary should provide 
the performance metrics that were used during the project, and how 
performance will be measured in the future.
b. Charges for Grant-Related Products/Recovery of Costs
    (1) SJI's mission is to support improvements in the quality of 
justice and foster innovative, efficient solutions to common issues 
faced by all courts. SJI has recognized and established procedures for 
supporting research and development of grant products (e.g. a report, 
curriculum, video, software, database, or Web site) through competitive 
grant awards based on merit review of proposed projects. To ensure that 
all grants benefit the entire court community, projects SJI considers 
worthy of support (in whole or in part), are required to be 
disseminated widely and available for public consumption. This includes 
open-source software and interfaces. Costs for development, production, 
and dissemination are allowable as direct costs to SJI.
    (2) Applicants should disclose their intent to sell grant-related 
products in the application. Grantees must obtain SJI's prior written 
approval of their plans to recover project costs through the sale of 
grant products. Written requests to recover costs ordinarily should be 
received during the grant period and should specify the nature and 
extent of the costs to be recouped, the reason that such costs were not 
budgeted (if the rationale was not disclosed in the approved 
application), the number of copies to be sold, the intended audience 
for the products to be sold, and the proposed sale price. If the 
product is to be sold for more than $25, the written request also 
should include a detailed itemization of costs that will be recovered 
and a certification that the costs were not supported by either SJI 
grant funds or grantee matching contributions.
    (3) In the event that the sale of grant products results in 
revenues that exceed the costs to develop, produce, and disseminate the 
product, the revenue must continue to be used for the authorized 
purposes of SJI-funded project or other purposes consistent with the 
State Justice Institute Act that have been approved by SJI (see section 
VII.G.).
c. Copyrights
    Except as otherwise provided in the terms and conditions of a SJI 
award, a recipient is free to copyright any books, publications, or 
other copyrightable materials developed in the course of a SJI-
supported project, but SJI shall reserve a royalty-free, nonexclusive 
and irrevocable right to reproduce, publish, or otherwise use, and to 
authorize others to use, the materials for purposes consistent with the 
State Justice Institute Act.
d. Due Date
    All products and, for TA and CAT grants, consultant and/or trainer 
reports (see section VI.B.1 & 2) are to be completed and distributed 
(see below) not later than the end of the award period, not the 90-day 
close out period. The latter is only intended for grantee final 
reporting and to liquidate obligations (see section VII.L.).
e. Distribution
    In addition to the distribution specified in the grant application, 
grantees shall send:
    (1) Three (3) copies of each final product developed with grant 
funds to SJI, unless the product was developed under either a Technical 
Assistance or a Curriculum Adaptation and Training Grant, in which case 
submission of 2 copies is required; and
    (2) An electronic version of the product in HTML or PDF format to 
SJI.
f. SJI Approval
    No grant funds may be obligated for publication or reproduction of 
a final product developed with grant funds without the written approval 
of SJI. Grantees shall submit a final draft of each written product to 
SJI for review and approval. The draft must be submitted at least 30 
days before the product is scheduled to be sent for publication or 
reproduction to permit SJI review and incorporation of any appropriate 
changes required by SJI. Grantees must provide for timely reviews by 
the SJI of Web site or other multimedia products at the treatment, 
script, rough cut, and final stages of development or their 
equivalents.
g. Original Material
    All products prepared as the result of SJI-supported projects must 
be originally-developed material unless otherwise specified in the 
award documents. Material not originally developed that is included in 
such products must be properly identified, whether the material is in a 
verbatim or extensive paraphrase format.
12. Prohibition Against Litigation Support
    No funds made available by SJI may be used directly or indirectly 
to support legal assistance to parties in litigation, including cases 
involving capital punishment.
13. Reporting Requirements
    a. Recipients of SJI funds other than ESP awards must submit 
Quarterly Progress and Financial Status Reports within 30 days of the 
close of each calendar quarter (that is, no later than January 30, 
April 30, July 30, and October 30). The Quarterly Progress Reports 
shall include a narrative description of project activities during the 
calendar quarter, the relationship between those activities and the 
task schedule and objectives set forth in the approved application or 
an approved adjustment thereto, any significant problem areas that have 
developed and how they will be resolved, and the activities scheduled 
during the next reporting period. Failure to comply with the 
requirements of this provision could result in the termination of a 
grantee's award.
    b. The quarterly Financial Status Report must be submitted in 
accordance with section VII.H.2. of this Guideline. A final project 
Progress Report and Financial Status Report shall be submitted within 
90 days after the end of the grant period in accordance with section 
VII.L.1. of this Guideline.
14. Research
a. Availability of Research Data for Secondary Analysis
    Upon request, grantees must make available for secondary analysis 
backup files containing research and evaluation data collected under an 
SJI grant and the accompanying code manual. Grantees may recover the 
actual cost of duplicating and mailing or otherwise transmitting the 
data set and manual from the person or organization requesting the 
data. Grantees may provide the requested data set in the format in 
which it was created and analyzed.
b. Confidentiality of Information
    Except as provided by federal law other than the State Justice 
Institute Act, no recipient of financial assistance from SJI may use or 
reveal any research or statistical information furnished under the Act 
by any person and identifiable to any specific private person for any 
purpose other than the purpose for which the information was obtained.

[[Page 66117]]

Such information and copies thereof 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 
proceedings.
c. Human Subject Protection
    Human subjects are defined as individuals who are participants in 
an experimental procedure or who are asked to provide information about 
themselves, their attitudes, feelings, opinions, and/or experiences 
through an interview, questionnaire, or other data collection 
technique. All research involving human subjects shall be conducted 
with the informed consent of those subjects and in a manner that will 
ensure their privacy and freedom from risk or harm and the protection 
of persons who are not subjects of the research but would be affected 
by it, unless such procedures and safeguards would make the research 
impractical. In such instances, SJI must approve procedures designed by 
the grantee to provide human subjects with relevant information about 
the research after their involvement and to minimize or eliminate risk 
or harm to those subjects due to their participation.
15. State and Local Court Applications
    Each application for funding from a state or local court must be 
approved, consistent with state law, by the state supreme court, or its 
designated agency or council. The supreme court or its designee shall 
receive, administer, and be accountable for all funds awarded on the 
basis of such an application (42 U.S.C. 10705(b)(4)). See section 
VII.C.2.
16. Supplantation and Construction
    To ensure that SJI funds are used to supplement and improve the 
operation of state courts, rather than to support basic court services, 
SJI funds shall not be used for the following purposes:
    a. To supplant state or local funds supporting a program or 
activity (such as paying the salary of court employees who would be 
performing their normal duties as part of the project, or paying rent 
for space which is part of the court's normal operations);
    b. To construct court facilities or structures, except to remodel 
existing facilities or to demonstrate new architectural or 
technological techniques, or to provide temporary facilities for new 
personnel or for personnel involved in a demonstration or experimental 
program; or
    c. Solely to purchase equipment.
17. Suspension or Termination of Funding
    After providing a recipient reasonable notice and opportunity to 
submit written documentation demonstrating why fund termination or 
suspension should not occur, SJI may terminate or suspend funding of a 
project that fails to comply substantially with the Act, the Guideline, 
or the terms and conditions of the award (42 U.S.C. 10708(a)).
18. Title to Property
    At the conclusion of the project, title to all expendable and 
nonexpendable personal property purchased with SJI funds shall vest in 
the recipient court, organization, or individual that purchased the 
property if certification is made to and approved by SJI that the 
property will continue to be used for the authorized purposes of the 
SJI-funded project or other purposes consistent with the State Justice 
Institute Act. If such certification is not made or SJI disapproves 
such certification, title to all such property with an aggregate or 
individual value of $1,000 or more shall vest in SJI, which will direct 
the disposition of the property.

B. Recipients of Technical Assistance (TA) and Curriculum Adaptation 
and Training (CAT) Grants

    Recipients of TA and CAT Grants must comply with the requirements 
listed in section VI.A. (except the requirements pertaining to audits 
in subsection A.3. above and product dissemination and approval in 
subsection A.11.e. and f. above) and the reporting requirements below:
1. Technical Assistance (TA) Grant Reporting Requirements
    Recipients of TA Grants must submit to SJI one copy of a final 
report that explains how it intends to act on the consultant's 
recommendations, as well as two copies of the consultant's written 
report.
2. Curriculum Adaptation and Training (CAT) Grant Reporting 
Requirements
    Recipients of CAT Grants must submit one copy of the agenda or 
schedule, outline of presentations and/or relevant instructor's notes, 
copies of overhead transparencies, power point presentations, or other 
visual aids, exercises, case studies and other background materials, 
hypotheticals, quizzes, and other materials involving the participants, 
manuals, handbooks, conference packets, evaluation forms, and 
suggestions for replicating the program, including possible faculty or 
the preferred qualifications or experience of those selected as 
faculty, developed under the grant at the conclusion of the grant 
period, along with a final report that includes any evaluation results 
and explains how the grantee intends to present the educational program 
in the future, as well as two copies of the consultant's or trainer's 
report.

C. Education Support Program (ESP) Recipients

    1. ESP award recipients are responsible for disseminating the 
information received from the course to their court colleagues locally 
and, if possible, throughout the state
    Recipients also must submit to SJI a certificate of attendance from 
the program and a copy of the notice of any funding received from other 
sources. A state or local jurisdiction may impose additional 
requirements on ESP award recipients.
    2. To receive the funds authorized by an ESP award, recipients must 
submit an ESP Payment Request (Form ESP-3) together with a paid tuition 
statement from the program sponsor.
    ESP Payment Requests must be submitted within 90 days after the end 
of the course, which the recipient attended.
    3. ESP recipients are encouraged to check with their tax advisors 
to determine whether an award constitutes taxable income under federal 
and state law.

D. Partner Grants

    The compliance requirements for Partner Grant recipients will 
depend upon the agreements struck between the grant financiers and 
between lead financiers and grantees. Should SJI be the lead, the 
compliance requirements for Project Grants will apply, unless specific 
arrangements are determined by the Partners.

VII. Financial Requirements

A. Purpose

    The purpose of this section is to establish accounting system 
requirements and offer guidance on procedures to assist all grantees, 
sub-grantees, contractors, and other organizations in:
    1. Complying with the statutory requirements for the award, 
disbursement, and accounting of funds;
    2. Complying with regulatory requirements of SJI for the financial 
management and disposition of funds;
    3. Generating financial data to be used in planning, managing, and 
controlling projects; and
    4. Facilitating an effective audit of funded programs and projects.

[[Page 66118]]

B. References

    Except where inconsistent with specific provisions of this Grant 
Guideline, the following circulars are applicable to SJI grants and 
cooperative agreements under the same terms and conditions that apply 
to federal grantees. The circulars supplement the requirements of this 
section for accounting systems and financial record-keeping and provide 
additional guidance on how these requirements may be satisfied 
(circulars may be obtained on the OMB Web site at www.whitehouse.gov/omb).

    1. Office of Management and Budget (OMB) Circular A-21, Cost 
Principles for Educational Institutions.
    2. Office of Management and Budget (OMB) Circular A-87, Cost 
Principles for State and Local Governments.
    3. Office of Management and Budget (OMB) Circular A-102, Uniform 
Administrative Requirements for Grants-in-Aid to State and Local 
Governments.
    4. Office of Management and Budget (OMB) Circular A-110, Grants and 
Agreements with Institutions of Higher Education, Hospitals and Other 
Non-Profit Organizations.
    5. Office of Management and Budget (OMB) Circular A-122, Cost 
Principles for Non-profit Organizations.
    6. Office of Management and Budget (OMB) Circular A-133, Audits of 
States, Local Governments and Non-profit Organizations.

C. Supervision and Monitoring Responsibilities

1. Grantee Responsibilities
    All grantees receiving awards from SJI are responsible for the 
management and fiscal control of all funds. Responsibilities include 
accounting for receipts and expenditures, maintaining adequate 
financial records, and refunding expenditures disallowed by audits.
2. Responsibilities of the State Supreme Court
    a. Each application for funding from a state or local court must be 
approved, consistent with state law, by the state supreme court, or its 
designated agency or council.
    b. The state supreme court or its designee shall receive all SJI 
funds awarded to such courts; be responsible for assuring proper 
administration of SJI funds; and be responsible for all aspects of the 
project, including proper accounting and financial record-keeping by 
the subgrantee. These responsibilities include:
    (1) Reviewing Financial Operations. The state supreme court or its 
designee should be familiar with, and periodically monitor, its sub-
grantee's financial operations, records system, and procedures. 
Particular attention should be directed to the maintenance of current 
financial data.
    (2) Recording Financial Activities. The sub-grantee's grant award 
or contract obligation, as well as cash advances and other financial 
activities, should be recorded in the financial records of the state 
supreme court or its designee in summary form. Sub-grantee expenditures 
should be recorded on the books of the state supreme court or evidenced 
by report forms duly filed by the sub-grantee. Matching contributions 
provided by sub-grantees should likewise be recorded, as should any 
project income resulting from program operations.
    (3) Budgeting and Budget Review. The state supreme court or its 
designee should ensure that each sub-grantee prepares an adequate 
budget as the basis for its award commitment. The state supreme court 
should maintain the details of each project budget on file.
    (4) Accounting for Match. The state supreme court or its designee 
will ensure that sub-grantees comply with the match requirements 
specified in this Grant Guideline (see section VI.A.8.).
    (5) Audit Requirement. The state supreme court or its designee is 
required to ensure that sub-grantees meet the necessary audit 
requirements set forth by SJI (see sections K. below and VI.A.3.).
    (6) Reporting Irregularities. The state supreme court, its 
designees, and its sub-grantees are responsible for promptly reporting 
to SJI the nature and circumstances surrounding any financial 
irregularities discovered.

D. Accounting System

    The grantee is responsible for establishing and maintaining an 
adequate system of accounting and internal controls and for ensuring 
that an adequate system exists for each of its sub-grantees and 
contractors. An acceptable and adequate accounting system:
    1. Properly accounts for receipt of funds under each grant awarded 
and the expenditure of funds for each grant by category of expenditure 
(including matching contributions and project income);
    2. Assures that expended funds are applied to the appropriate 
budget category included within the approved grant;
    3. Presents and classifies historical costs of the grant as 
required for budgetary and evaluation purposes;
    4. Provides cost and property controls to assure optimal use of 
grant funds;
    5. Is integrated with a system of internal controls adequate to 
safeguard the funds and assets covered, check the accuracy and 
reliability of the accounting data, promote operational efficiency, and 
assure conformance with any general or special conditions of the grant;
    6. Meets the prescribed requirements for periodic financial 
reporting of operations; and
    7. Provides financial data for planning, control, measurement, and 
evaluation of direct and indirect costs.

E. Total Cost Budgeting and Accounting

    Accounting for all funds awarded by SJI must be structured and 
executed on a ``Total Project Cost'' basis. That is, total project 
costs, including SJI funds, state and local matching shares, and any 
other fund sources included in the approved project budget serve as the 
foundation for fiscal administration and accounting. Grant applications 
and financial reports require budget and cost estimates on the basis of 
total costs.
1. Timing of Matching Contributions
    Matching contributions should be applied at the same time as the 
obligation of SJI funds. Ordinarily, the full matching share must be 
obligated during the award period; however, with the written permission 
of SJI, contributions made following approval of the grant by the Board 
of Directors, but before the beginning of the grant, may be counted as 
match. If a proposed cash or in-kind match is not fully met, SJI may 
reduce the award amount accordingly to maintain the ratio of grant 
funds to matching funds stated in the award agreement.
2. Records for Match
    All grantees must maintain records that clearly show the source, 
amount, and timing of all matching contributions. In addition, if a 
project has included, within its approved budget, contributions which 
exceed the required matching portion, the grantee must maintain records 
of those contributions in the same manner as it does SJI funds and 
required matching shares. For all grants made to state and local 
courts, the state supreme court has primary responsibility for grantee/
sub-grantee compliance with the requirements of this section (see 
subsection C.2. above).

[[Page 66119]]

F. Maintenance and Retention of Records

    All financial records, including supporting documents, statistical 
records, and all other information pertinent to grants, sub-grants, 
cooperative agreements, or contracts under grants, must be retained by 
each organization participating in a project for at least three years 
for purposes of examination and audit. State supreme courts may impose 
record retention and maintenance requirements in addition to those 
prescribed in this section.
1. Coverage
    The retention requirement extends to books of original entry, 
source documents supporting accounting transactions, the general 
ledger, subsidiary ledgers, personnel and payroll records, canceled 
checks, and related documents and records. Source documents include 
copies of all grant and sub-grant awards, applications, and required 
grantee/sub-grantee financial and narrative reports. Personnel and 
payroll records shall include the time and attendance reports for all 
individuals reimbursed under a grant, sub-grant or contract, whether 
they are employed full-time or part-time. Time and effort reports are 
required for consultants.
2. Retention Period
    The three-year retention period starts from the date of the 
submission of the final expenditure report.
3. Maintenance
    Grantees and sub-grantees are expected to see that records of 
different fiscal years are separately identified and maintained so that 
requested information can be readily located. Grantees and sub-grantees 
are also obligated to protect records adequately against fire or other 
damage. When records are stored away from the grantee's/sub-grantee's 
principal office, a written index of the location of stored records 
should be on hand, and ready access should be assured.
4. Access
    Grantees and sub-grantees must give any authorized representative 
of SJI access to and the right to examine all records, books, papers, 
and documents related to an SJI grant.

G. Project-Related Income

    Records of the receipt and disposition of project-related income 
must be maintained by the grantee in the same manner as required for 
the project funds that gave rise to the income and must be reported to 
SJI (see subsection H.2. below). The policies governing the disposition 
of the various types of project-related income are listed below.
1. Interest
    A state and any agency or instrumentality of a state, including 
institutions of higher education and hospitals, shall not be held 
accountable for interest earned on advances of project funds. When 
funds are awarded to sub-grantees through a state, the sub-grantees are 
not held accountable for interest earned on advances of project funds. 
Local units of government and nonprofit organizations that are grantees 
must refund any interest earned. Grantees shall ensure minimum balances 
in their respective grant cash accounts.
2. Royalties
    The grantee/sub-grantee may retain all royalties received from 
copyrights or other works developed under projects or from patents and 
inventions, unless the terms and conditions of the grant provide 
otherwise.
3. Registration and Tuition Fees
    Registration and tuition fees may be considered as cash match with 
prior written approval from SJI. Estimates of registration and tuition 
fees, and any expenses to be offset by the fees, should be included in 
the application budget forms and narrative.
4. Income From the Sale of Grant Products
    If the sale of products occurs during the project period, the 
income may be treated as cash match with the prior written approval of 
SJI. The costs and income generated by the sales must be reported on 
the Quarterly Financial Status Reports (Form F) and documented in an 
auditable manner. Whenever possible, the intent to sell a product 
should be disclosed in the application or reported to SJI in writing 
once a decision to sell products has been made. The grantee must 
request approval to recover its product development, reproduction, and 
dissemination costs as specified in section VI.A.11.b.
5. Other
    Other project income shall be treated in accordance with 
disposition instructions set forth in the grant's terms and conditions.

H. Payments and Financial Reporting Requirements

1. Payment of Grant Funds
    The procedures and regulations set forth below are applicable to 
all SJI grant funds and grantees.
    a. Request for Reimbursement of Funds. Grantees will receive funds 
on a U.S. Treasury ``check-issued'' or electronic funds transfer (EFT) 
basis. Upon receipt, review, and approval of a Request for 
Reimbursement (Form R) by SJI, payment will be issued directly to the 
grantee or its designated fiscal agent. The Form R, along with the 
instructions for its preparation, and the SF 3881 Automated Clearing 
House (ACH/Miscellaneous Payment Enrollment Form for EFT) are available 
on the Institute's Web site: www.sji.gov/forms.
    b. Principle of Minimum Cash on Hand. Grantees should request funds 
based upon immediate disbursement requirements. Grantees should time 
their requests to ensure that cash on hand is the minimum needed for 
disbursements to be made immediately or within a few days.
2. Financial Reporting
    a. General Requirements. To obtain financial information concerning 
the use of funds, the Institute requires that grantees/sub-grantees 
submit timely reports for review.
    b. Due Dates and Contents. A Financial Status Report is required 
from all grantees, other than ESP award recipients, for each active 
quarter on a calendar-quarter basis. This report is due within 30 days 
after the close of the calendar quarter. It is designed to provide 
financial information relating to SJI funds, state and local matching 
shares, project income, and any other sources of funds for the project, 
as well as information on obligations and outlays. A copy of the 
Financial Status Report (Form F), along with instructions, are provided 
at www.sji.gov/forms. If a grantee requests substantial payments for a 
project prior to the completion of a given quarter, SJI may request a 
brief summary of the amount requested, by object class, to support the 
Request for Reimbursement.
3. Consequences of Non-Compliance With Submission Requirement
    Failure of the grantee to submit required financial and progress 
reports may result in suspension or termination of grant payments.

I. Allowability of Costs

1. General
    Except as may be otherwise provided in the conditions of a 
particular grant,

[[Page 66120]]

cost allowability is determined in accordance with the principles set 
forth in OMB Circulars A-21, Cost Principles Applicable to Grants and 
Contracts with Educational Institutions; A-87, Cost Principles for 
State and Local Governments; and A-122, Cost Principles for Non-profit 
Organizations.
    No costs may be recovered to liquidate obligations incurred after 
the approved grant period. Circulars may be obtained on the OMB Web 
site at http://www.whitehouse.gov/omb.

2. Costs Requiring Prior Approval

    a. Pre-agreement Costs. The written prior approval of SJI is 
required for costs considered necessary but which occur prior to the 
start date of the project period.
    b. Equipment. Grant funds may be used to purchase or lease only 
that equipment essential to accomplishing the goals and objectives of 
the project. The written prior approval of SJI is required when the 
amount of automated data processing (ADP) equipment to be purchased or 
leased exceeds $10,000 or software to be purchased exceeds $3,000.
    c. Consultants. The written prior approval of SJI is required when 
the rate of compensation to be paid a consultant exceeds $800 a day. 
SJI funds may not be used to pay a consultant more than $1,100 per day.
    d. Budget Revisions. Budget revisions among direct cost categories 
that (i) transfer grant funds to an unbudgeted cost category or (ii) 
individually or cumulatively exceed five percent (5%) of the approved 
original budget or the most recently approved revised budget require 
prior SJI approval (see section VIII.A.1.).
3. Travel Costs
    Transportation and per diem rates must comply with the policies of 
the grantee. If the grantee does not have an established written travel 
policy, then travel rates must be consistent with those established by 
the federal government. SJI funds may not be used to cover the 
transportation or per diem costs of a member of a national organization 
to attend an annual or other regular meeting, or conference of that 
organization.
4. Indirect Costs
    Indirect costs are only applicable to organizations that are not 
state courts or government agencies. These are costs of an organization 
that are not readily assignable to a particular project but are 
necessary to the operation of the organization and the performance of 
the project. The cost of operating and maintaining facilities, 
depreciation, and administrative salaries are examples of the types of 
costs that are usually treated as indirect costs. Although SJI's policy 
requires all costs to be budgeted directly, it will accept indirect 
costs if a grantee has an indirect cost rate approved by a federal 
agency. However, recoverable indirect costs are limited to no more than 
75 percent of a grantee's direct personnel costs (salaries plus fringe 
benefits).
a. Approved Plan Available
    (1) A copy of an indirect cost rate agreement or allocation plan 
approved for a grantee during the preceding two years by any federal 
granting agency on the basis of allocation methods substantially in 
accord with those set forth in the applicable cost circulars must be 
submitted to SJI.
    (2) Where flat rates are accepted in lieu of actual indirect costs, 
grantees may not also charge expenses normally included in overhead 
pools, e.g., accounting services, legal services, building occupancy 
and maintenance, etc., as direct costs.

J. Procurement and Property Management Standards

1. Procurement Standards
    For state and local governments, SJI has adopted the standards set 
forth in Attachment O of OMB Circular A-102. Institutions of higher 
education, hospitals, and other non-profit organizations will be 
governed by the standards set forth in Attachment O of OMB Circular A-
110.
2. Property Management Standards
    The property management standards as prescribed in Attachment N of 
OMB Circulars A-102 and A-110 apply to all SJI grantees and sub-
grantees except as provided in section VI.A.18. All grantees/sub-
grantees are required to be prudent in the acquisition and management 
of property with grant funds. If suitable property required for the 
successful execution of projects is already available within the 
grantee or subgrantee organization, expenditures of grant funds for the 
acquisition of new property will be considered unnecessary.

K. Audit Requirements

1. Implementation
    Each recipient of a Project Grant must provide for an annual fiscal 
audit. This requirement also applies to a state or local court 
receiving a sub-grant from the state supreme court. The audit may be of 
the entire grantee or sub-grantee organization or of the specific 
project funded by the Institute. Audits conducted in accordance with 
the Single Audit Act of 1984 and OMB Circular A-133, will satisfy the 
requirement for an annual fiscal audit. The audit must be conducted by 
an independent Certified Public Accountant, or a state or local agency 
authorized to audit government agencies. Grantees must send two copies 
of the audit report to the Institute. Grantees that receive funds from 
a federal agency and satisfy audit requirements of that federal agency 
must submit two copies of the audit report prepared for that federal 
agency to SJI in order to satisfy the provisions of this section.
2. Resolution and Clearance of Audit Reports
    Timely action on recommendations by responsible management 
officials is an integral part of the effectiveness of an audit. Each 
grantee must have policies and procedures for acting on audit 
recommendations by designating officials responsible for: (1) Follow-
up, (2) maintaining a record of the actions taken on recommendations 
and time schedules, (3) responding to and acting on audit 
recommendations, and (4) submitting periodic reports to SJI on 
recommendations and actions taken.
3. Consequences of Non-Resolution of Audit Issues
    Ordinarily, SJI will not make a subsequent grant award to an 
applicant that has an unresolved audit report involving SJI awards. 
Failure of the grantee to resolve audit questions may also result in 
the suspension or termination of payments for active SJI grants to that 
organization.

L. Close-Out of Grants

1. Grantee Close-Out Requirements
    Within 90 days after the end date of the grant or any approved 
extension thereof (see subsection L.2. below), the following documents 
must be submitted to SJI by grantees (other than ESP award recipients):
    a. Financial Status Report. The final report of expenditures must 
have no unliquidated obligations and must indicate the exact balance of 
unobligated funds. Any unobligated/unexpended funds will be deobligated 
from the award by SJI. Final payment requests for obligations incurred 
during the award period must be submitted to the Institute prior to the 
end of the 90-day close-out period. Grantees who have drawn down funds 
in excess of their obligations/expenditures, must return any unused 
funds as soon as it is

[[Page 66121]]

determined that the funds are not required. In no instance should any 
unused funds remain with the grantee beyond the submission date of the 
final Financial Status Report.
    b. Final Progress Report. This report should describe the project 
activities during the final calendar quarter of the project and the 
close-out period, including to whom project products have been 
disseminated; provide a summary of activities during the entire 
project; specify whether all the objectives set forth in the approved 
application or an approved adjustment have been met and, if any of the 
objectives have not been met, explain why not; and discuss what, if 
anything, could have been done differently that might have enhanced the 
impact of the project or improved its operation. These reporting 
requirements apply at the conclusion of every grant other than an ESP 
award.
2. Extension of Close-Out Period
    Upon the written request of the grantee, SJI may extend the close-
out period to assure completion of the grantee's close-out 
requirements. Requests for an extension must be submitted at least 14 
days before the end of the close-out period and must explain why the 
extension is necessary and what steps will be taken to assure that all 
the grantee's responsibilities will be met by the end of the extension 
period

VIII. Grant Adjustments

    All requests for programmatic or budgetary adjustments requiring 
Institute approval must be submitted by the project director in a 
timely manner (ordinarily 30 days prior to the implementation of the 
adjustment being requested). All requests for changes from the approved 
application will be carefully reviewed for both consistency with this 
Grant Guideline and the enhancement of grant goals and objectives. 
Failure to submit adjustments in a timely manner may result in the 
termination of a grantee's award.

A. Grant Adjustments Requiring Prior Written Approval

    The following grant adjustments require the prior written approval 
of SJI:
    1. Budget revisions among direct cost categories that (a) transfer 
grant funds to an unbudgeted cost category or (b) individually or 
cumulatively exceed five percent (5%) of the approved original budget 
or the most recently approved revised budget (see section VII.I.2.d.).
    2. A change in the scope of work to be performed or the objectives 
of the project (see subsection D. below).
    3. A change in the project site.
    4. A change in the project period, such as an extension of the 
grant period and/or extension of the final financial or progress report 
deadline (see subsection E. below).
    5. Satisfaction of special conditions, if required.
    6. A change in or temporary absence of the project director (see 
subsections F. and G. below).
    7. The assignment of an employee or consultant to a key staff 
position whose qualifications were not described in the application, or 
a change of a person assigned to a key project staff position (see 
section VI.A.2.).
    8. A change in or temporary absence of the person responsible for 
managing and reporting on the grant's finances.
    9. A change in the name of the grantee organization.
    10. A transfer or contracting out of grant-supported activities 
(see subsection H. below).
    11. A transfer of the grant to another recipient.
    12. Pre-agreement costs (see section VII.I.2.a.).
    13. The purchase of automated data processing equipment and 
software (see section VII.I.2.b.).
    14. Consultant rates (see section VII.I.2.c.).
    15. A change in the nature or number of the products to be prepared 
or the manner in which a product would be distributed.

B. Requests for Grant Adjustments

    All grantees must promptly notify SJI, in writing, of events or 
proposed changes that may require adjustments to the approved project 
design. In requesting an adjustment, the grantee must set forth the 
reasons and basis for the proposed adjustment and any other information 
the program manager determines would help SJI's review.

C. Notification of Approval/Disapproval

    If the request is approved, the grantee will be sent a Grant 
Adjustment signed by the SJI Executive Director. If the request is 
denied, the grantee will be sent a written explanation of the reasons 
for the denial.

D. Changes in the Scope of the Grant

    Major changes in scope, duration, training methodology, or other 
significant areas must be approved in advance by SJI. A grantee may 
make minor changes in methodology, approach, or other aspects of the 
grant to expedite achievement of the grant's objectives with subsequent 
notification to SJI.

E. Date Changes

    A request to change or extend the grant period must be made at 
least 30 days in advance of the end date of the grant. A revised task 
plan should accompany a request for an extension of the grant period, 
along with a revised budget if shifts among budget categories will be 
needed. A request to change or extend the deadline for the final 
financial report or final progress report must be made at least 14 days 
in advance of the report deadline (see section VII.L.2.).

F. Temporary Absence of the Project Director

    Whenever an absence of the project director is expected to exceed a 
continuous period of one month, the plans for the conduct of the 
project director's duties during such absence must be approved in 
advance by the Institute. This information must be provided in a letter 
signed by an authorized representative of the grantee/sub-grantee at 
least 30 days before the departure of the project director, or as soon 
as it is known that the project director will be absent. The grant may 
be terminated if arrangements are not approved in advance by SJI.

G. Withdrawal of/Change in Project Director

    If the project director relinquishes or expects to relinquish 
active direction of the project, SJI must be notified immediately. In 
such cases, if the grantee/sub-grantee wishes to terminate the project, 
SJI will forward procedural instructions upon notification of such 
intent. If the grantee wishes to continue the project under the 
direction of another individual, a statement of the candidate's 
qualifications should be sent to SJI for review and approval. The grant 
may be terminated if the qualifications of the proposed individual are 
not approved in advance by SJI.

H. Transferring or Contracting Out of Grant-Supported Activities

    No principal activity of a grant-supported project may be 
transferred or contracted out to another organization without specific 
prior approval by SJI. All such arrangements must be formalized in a 
contract or other written agreement between the parties involved. 
Copies of the proposed contract or agreement must be submitted for 
prior approval of SJI at the earliest possible time. The contract or 
agreement must state, at a minimum, the activities to be

[[Page 66122]]

performed, the time schedule, the policies and procedures to be 
followed, the dollar limitation of the agreement, and the cost 
principles to be followed in determining what costs, both direct and 
indirect, will be allowed. The contract or other written agreement must 
not affect the grantee's overall responsibility for the direction of 
the project and accountability to SJI.

State Justice Institute Board of Directors

James R. Hannah (Chairman), Chief Justice (ret.), Supreme Court of 
Arkansas, Little Rock, AR.
Daniel J. Becker (Vice Chairman), State Court Administrator, Utah 
Administrative Office of the Courts, Salt Lake City, UT.
Gayle A. Nachtigal (Secretary), Senior Circuit Court Judge, 
Washington County Circuit Court, Hillsboro, OR.
Hernan D. Vera (Treasurer), Principal, Bird Marella P.C., Los 
Angeles, CA.
Chase T. Rogers, Chief Justice, Supreme Court of Connecticut, 
Hartford, CT.
Jonathan Lippman, Chief Judge of the State of New York, New York, 
NY.
David V. Brewer, Justice, Oregon Supreme Court, Salem, OR.
Wilfredo Martinez, County Judge, 9th Judicial Circuit of Florida, 
Orlando, FL.
Marsha J. Rabiteau, Executive Director, Legal Policy Strategies 
Group, Bloomfield, CT.
John B. Nalbandian, Partner, Taft Stettinius & Hollister LLP, 
Cincinnati, OH.
Isabel Framer, President, Language Access Consultants LLC, Copley, 
OH.
Jonathan D. Mattiello, Executive Director. (ex officio)


Jonathan D. Mattiello,
Executive Director.
[FR Doc. 2015-27443 Filed 10-27-15; 8:45 am]
 BILLING CODE P



                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                            66105

                                                  Therefore, the rates, terms, and                        authorized to award grants, cooperative                 B. Provide for the preparation,
                                                  conditions associated with the                          agreements, and contracts to state and                publication, and dissemination of
                                                  imposition of surcharges or fees                        local courts, nonprofit organizations,                information regarding state judicial
                                                  authorized herein may be established or                 and others for the purpose of improving               systems;
                                                  revised at the Director’s discretion.                   the quality of justice in the state courts              C. Participate in joint projects with
                                                    Dated: September 22, 2015.                            of the United States.                                 federal agencies and other private
                                                                                                            The following Grant Guideline is                    grantors;
                                                  Patrick F. Kennedy,
                                                                                                          adopted by the State Justice Institute for              D. Evaluate or provide for the
                                                  Under Secretary for Management.                                                                               evaluation of programs and projects to
                                                                                                          FY 2016.
                                                  [FR Doc. 2015–27456 Filed 10–27–15; 8:45 am]                                                                  determine their impact upon the quality
                                                  BILLING CODE 4710–43–P                                  Table of Contents                                     of criminal, civil, and juvenile justice
                                                                                                          I. The Mission of the State Justice Institute         and the extent to which they have
                                                                                                          II. Eligibility for Award                             contributed to improving the quality of
                                                  STATE JUSTICE INSTITUTE                                 III. Scope of the Program                             justice in the state courts;
                                                                                                          IV. Grant Applications                                  E. Encourage and assist in furthering
                                                  SJI Board of Directors Meeting, Notice                  V. Grant Application Review Procedures                judicial education; and,
                                                                                                          VI. Compliance Requirements                             F. Encourage, assist, and serve in a
                                                  AGENCY:   State Justice Institute.                      VII. Financial Requirements
                                                                                                                                                                consulting capacity to state and local
                                                  ACTION:   Notice of meeting.                            VIII. Grant Adjustments
                                                                                                                                                                justice system agencies in the
                                                  SUMMARY:   The SJI Board of Directors                   I. The Mission of the State Justice                   development, maintenance, and
                                                  will be meeting on Monday, November                     Institute                                             coordination of criminal, civil, and
                                                  16, 2015 at 1:00 p.m. The meeting will                     SJI was established by State Justice               juvenile justice programs and services.
                                                  be held at the Supreme Court of                         Institute Authorization Act of 1984 (42               II. Eligibility for Award
                                                  Louisiana in New Orleans, Louisiana.                    U.S.C. 10701 et seq.) to improve the
                                                  The purpose of this meeting is to                                                                                SJI is authorized by Congress to award
                                                                                                          administration of justice in the state
                                                  consider grant applications for the 1st                                                                       grants, cooperative agreements, and
                                                                                                          courts of the United States. Incorporated
                                                  quarter of FY 2016, and other business.                                                                       contracts to the following entities and
                                                                                                          in the State of Virginia as a private,
                                                  All portions of this meeting are open to                                                                      types of organizations:
                                                                                                          nonprofit corporation, SJI is charged, by
                                                  the public.                                                                                                      A. State and local courts and their
                                                                                                          statute, with the responsibility to:
                                                                                                                                                                agencies (42 U.S.C. 10705(b)(1)(A)).
                                                  ADDRESSES: Supreme Court of                                • Direct a national program of
                                                                                                                                                                   B. National nonprofit organizations
                                                  Louisiana, 400 Royal Street, 4th Floor                  financial assistance designed to assure
                                                                                                                                                                controlled by, operating in conjunction
                                                  Conference Room, New Orleans, LA                        that each citizen of the United States is
                                                                                                                                                                with, and serving the judicial branches
                                                  70130.                                                  provided ready access to a fair and
                                                                                                                                                                of state governments (42 U.S.C.
                                                  FOR FURTHER INFORMATION CONTACT:                        effective system of justice;
                                                                                                                                                                10705(b)(1)(B)).
                                                  Jonathan Mattiello, Executive Director,                    • Foster coordination and                             C. National nonprofit organizations
                                                  State Justice Institute, 11951 Freedom                  cooperation with the federal judiciary;               for the education and training of judges
                                                  Drive, Suite 1020, Reston, VA 20190,                       • Promote recognition of the                       and support personnel of the judicial
                                                  571–313–8843, contact@sji.gov.                          importance of the separation of powers                branch of state governments (42 U.S.C.
                                                                                                          doctrine to an independent judiciary;                 10705(b)(1)(C)). An applicant is
                                                  Jonathan D. Mattiello,                                  and                                                   considered a national education and
                                                  Executive Director.                                        • Encourage education for judges and               training applicant under section
                                                  [FR Doc. 2015–27424 Filed 10–27–15; 8:45 am]            support personnel of state court systems              10705(b)(1)(C) if:
                                                  BILLING CODE P                                          through national and state                               1. The principal purpose or activity of
                                                                                                          organizations.                                        the applicant is to provide education
                                                                                                             To accomplish these broad objectives,              and training to state and local judges
                                                  STATE JUSTICE INSTITUTE                                 SJI is authorized to provide funding to               and court personnel; and
                                                                                                          state courts, national organizations                     2. The applicant demonstrates a
                                                  Grant Guideline, Notice                                 which support and are supported by                    record of substantial experience in the
                                                  AGENCY:   State Justice Institute.                      state courts, national judicial education             field of judicial education and training.
                                                                                                          organizations, and other organizations                   D. Other eligible grant recipients (42
                                                  ACTION:   Grant Guideline for FY 2016.
                                                                                                          that can assist in improving the quality              U.S.C. 10705 (b)(2)(A)–(D)).
                                                  SUMMARY:   This Guideline sets forth the                of justice in the state courts. SJI is                   1. Provided that the objectives of the
                                                  administrative, programmatic, and                       supervised by a Board of Directors                    project can be served better, the Institute
                                                  financial requirements attendant to                     appointed by the President, with the                  is also authorized to make awards to:
                                                  Fiscal Year 2016 State Justice Institute                advice and consent of the Senate. The                    a. Nonprofit organizations with
                                                  grants, cooperative agreements, and                     Board is statutorily composed of six                  expertise in judicial administration;
                                                  contracts.                                              judges; a state court administrator; and                 b. Institutions of higher education;
                                                                                                          four members of the public, no more                      c. Individuals, partnerships, firms,
                                                  DATES:   October 28, 2015.
                                                                                                          than two of the same political party.                 corporations (for-profit organizations
                                                  FOR FURTHER INFORMATION CONTACT:                           Through the award of grants,                       must waive their fees); and
                                                  Jonathan Mattiello, Executive Director,
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                                                                                                          contracts, and cooperative agreements,                   d. Private agencies with expertise in
                                                  State Justice Institute, 11951 Freedom                  SJI is authorized to perform the                      judicial administration.
                                                  Drive, Suite 1020, Reston, VA 20190,                    following activities:                                    2. SJI may also make awards to state
                                                  571–313–8843, jonathan.mattiello@                          A. Support technical assistance,                   or local agencies and institutions other
                                                  sji.gov.                                                demonstrations, special projects,                     than courts for services that cannot be
                                                  SUPPLEMENTARY INFORMATION:      Pursuant                research and training to improve the                  adequately provided through
                                                  to the State Justice Institute Act of 1984              administration of justice in the state                nongovernmental arrangements (42
                                                  (42 U.S.C. 10701, et seq.), SJI is                      courts;                                               U.S.C. 10705(b)(3)).


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                                                  66106                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                    E. Inter-agency Agreements. SJI may                   practices in handling dependency and                  application, as some cash match
                                                  enter into inter-agency agreements with                 delinquency cases; promote effective                  contribution is still required.
                                                  federal agencies (42 U.S.C. 10705(b)(4))                court oversight of juveniles in the                     Applicants are also encouraged to
                                                  and private funders to support projects                 justice system; address the impact of                 provide the percentage of budget
                                                  consistent with the purposes of the State               trauma on juvenile behavior; assist the               reductions in their court(s), and the
                                                  Justice Institute Act.                                  courts in identification of appropriate               measures that have been taken by the
                                                    SJI is prohibited from awarding grants                provision of services for juveniles; and              jurisdiction/state to handle the budget
                                                  to federal, tribal, and international                   address juvenile re-entry.                            shortfalls. This may include staff
                                                  courts.                                                                                                       reductions, as well as reductions in
                                                                                                          A. Project Grants                                     services and programs. Some cash
                                                  III. Scope of the Program                                  Project Grants are intended to support             contribution is still required for Project
                                                     SJI is offering six types of grants in FY            innovative education and training,                    Grants, and should be reflected in the
                                                  2015: Project Grants, Technical                         research and evaluation, demonstration,               budget proposal for the project. For
                                                  Assistance (TA) Grants, Curriculum                      and technical assistance projects that                example, if the total cost of the
                                                  Adaptation and Training (CAT) Grants,                   can improve the administration of                     proposed project is $100,000, the
                                                  Partner Grants, Strategic Initiatives                   justice in state courts locally or                    normal cash match would be $50,000.
                                                  Grants (SIG) Program, and the Education                 nationwide. Project Grants may                        However, if the applicant is unable to
                                                  Support Program (ESP).                                  ordinarily not exceed $300,000.                       provide $50,000 for the activities, but is
                                                     The SJI Board of Directors has                       Examples of expenses not covered by                   able to contribute $25,000, the budget
                                                  established Priority Investment Areas                   Project Grants include the salaries,                  should show the request to SJI totaling
                                                  for grant funding. SJI will allocate                    benefits, or travel of full-or part-time              $75,000, with the cash match of
                                                  significant financial resources through                 court employees. Grant periods for                    $25,000.
                                                  grant-making for these Priority                         Project Grants ordinarily may not                       As set forth in Section I., SJI is
                                                  Investment Areas (in no ranking order):                 exceed 36 months.                                     authorized to fund projects addressing a
                                                     • Language Access and the State                         Applicants for Project Grants will be              broad range of program areas. Funding
                                                  Courts—improving language access in                     required to contribute a cash match of                will not be made available for the
                                                  the state courts through remote                         not less than 50 percent of the total cost            ordinary, routine operations of court
                                                  interpretation (outside the courtroom),                 of the proposed project. In other words,              systems.
                                                  interpreter certification, and courtroom                grant awards by SJI must be matched at
                                                                                                          least dollar for dollar by grant                      B. Technical Assistance (TA) Grants
                                                  services (plain language forms, Web
                                                  sites, etc.).                                           applicants. Applicants may contribute                    TA Grants are intended to provide
                                                     • Self-Represented Litigation—                       the required cash match directly or in                state or local courts, or regional court
                                                  promoting court-based self-help centers,                cooperation with third parties.                       associations, with sufficient support to
                                                  online services, and increasing the use                 Prospective applicants should carefully               obtain expert assistance to diagnose a
                                                  of court-based volunteer attorney                       review Section VI.8. (matching                        problem, develop a response to that
                                                  programs.                                               requirements) and Section VI.16.a. (non-              problem, and implement any needed
                                                     • Reengineering to Improve Court                     supplantation) of the Guideline prior to              changes. TA Grants may not exceed
                                                  Services—assisting courts with the                      beginning the application process.                    $50,000. Examples of expenses not
                                                  process of reengineering, regionalization               Funding from other federal departments                covered by TA Grants include the
                                                  or centralization of services, structural               or agencies may not be used for cash                  salaries, benefits, or travel of full-or
                                                  changes, and reducing costs to taxpayers                match. If questions arise, applicants are             part-time court employees. Grant
                                                  while providing access to justice.                      strongly encouraged to consult SJI.                   periods for TA Grants ordinarily may
                                                     • Remote Technology—supporting                          A temporary reduced cash match                     not exceed 24 months. In calculating
                                                  the innovative use of technology to                     process is available for state courts                 project duration, applicants are
                                                  improve the business operations of                      submitting Project Grant applications.                cautioned to fully consider the time
                                                  courts and enhance services outside the                 The use of this cash match reduction                  required to issue a request for proposals,
                                                  courtroom. This includes                                authority is intended to help the state               negotiate a contract with the selected
                                                  videoconferencing, online access,                       courts in this climate of severe budget               provider, and execute the project.
                                                  educational services, and remote court                  reductions. The process requires the                     Applicants for TA Grants will be
                                                  proceedings.                                            state court to formally request a reduced             required to contribute a total match of
                                                     • Human Trafficking and the State                    cash match, and that the request be                   not less than 50 percent of the grant
                                                  Courts—addressing the impact of                         certified by the chief justice of that state.         amount requested, of which 20 percent
                                                  federal and state human trafficking laws                The state court must explain in detail                must be cash. In other words, an
                                                  on the state courts, and the challenges                 how it is facing budgetary cutbacks that              applicant seeking a $50,000 TA grant
                                                  faced by state courts in dealing with                   will result in significant reductions in              must provide a $25,000 match, of which
                                                  cases involving trafficking victims and                 other services, and why it will be unable             up to $20,000 can be in-kind and not
                                                  their families.                                         to undertake the project without a cash               less than $5,000 must be cash. Funding
                                                     • Immigration Issues and the State                   match reduction. This must be                         from other federal departments and
                                                  Courts—addressing the impact of                         described in detail in the application                agencies may not be used for cash
                                                  federal and state immigration law and                   and verified by the chief justice of that             match. TA Grant application procedures
                                                  policies on the state courts.                           state. Only state courts may apply for a              can be found in section IV.B.
                                                     • Guardianship, Conservatorship, and
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                                                                                                          cash match reduction.
                                                  Elder Issues—assisting courts in                           Applicants should examine their                    C. Curriculum Adaptation and Training
                                                  improving and increasing use of court-                  projected project costs closely, and if               (CAT) Grants
                                                  based volunteer attorney programs.                      they are unable to cover half the costs                 CAT Grants are intended to: 1) Enable
                                                     • Juvenile Justice—innovative                        of the project, they may apply for a                  courts and regional or national court
                                                  projects that have no other existing or                 reduction in cash match. Applicants are               associations to modify and adapt model
                                                  potential funding sources (federal, state,              strongly encouraged to provide as much                curricula, course modules, or
                                                  or private) that will advance best                      cash match as possible in their                       conference programs to meet states’ or


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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                           66107

                                                  local jurisdictions’ educational needs;                 at the discretion of the SJI Board of                 c. Budget Form (Form C)
                                                  train instructors to present portions or                Directors and staff outside the normal                   Applicants must submit a Form C. In
                                                  all of the curricula; and pilot-test them               grant application process (i.e., SJI will             addition, applicants must provide a
                                                  to determine their appropriateness,                     initiate the project).                                detailed budget narrative providing an
                                                  quality, and effectiveness, or 2) conduct                                                                     explanation of the basis for the
                                                                                                          F. Education Support Program (ESP) for
                                                  judicial branch education and training                                                                        estimates in each budget category (see
                                                  programs, led by either expert or in-                   Judges and Court Managers
                                                                                                                                                                subsection A.4. below).
                                                  house personnel, designed to prepare                       The Education Support Program (ESP)                   If funds from other sources are
                                                  judges and court personnel for                          is intended to enhance the skills,                    required to conduct the project, either as
                                                  innovations, reforms, and/or new                        knowledge, and abilities of state court               match or to support other aspects of the
                                                  technologies recently adopted by                        judges and court managers by enabling                 project, the source, current status of the
                                                  grantee courts. CAT Grants may not                      them to attend out-of-state, or to enroll             request, and anticipated decision date
                                                  exceed $30,000. Examples of expenses                    in online, educational and training                   must be provided.
                                                  not covered by CAT Grants include the                   programs sponsored by national and
                                                  salaries, benefits, or travel of full-or                state providers that they could not                   d. Assurances (Form D)
                                                  part-time court employees. Grant                        otherwise attend or take online because                 This form lists the statutory,
                                                  periods for CAT Grants ordinarily may                   of limited state, local, and personal                 regulatory, and policy requirements
                                                  not exceed 12 months.                                   budgets. An ESP award only covers the                 with which recipients of Institute funds
                                                     Applicants for CAT Grants will be                    cost of tuition up to a maximum of                    must comply.
                                                  required to contribute a match of not                   $1,000 per award. ESP application
                                                  less than 50 percent of the grant amount                procedures can be found in section IV.E.              e. Disclosure of Lobbying Activities
                                                  requested, of which 20 percent must be                                                                        (Form E)
                                                  cash. In other words, an applicant                      IV. Grant Applications
                                                                                                                                                                   Applicants other than units of state or
                                                  seeking a $30,000 CAT grant must                        A. Project Grants                                     local government are required to
                                                  provide a $15,000 match, of which up                      An application for a Project Grant                  disclose whether they, or another entity
                                                  to $12,000 can be in-kind and not less                  must include an application form;                     that is part of the same organization as
                                                  than $3,000 must be cash. Funding from                  budget forms (with appropriate                        the applicant, have advocated a position
                                                  other federal departments and agencies                  documentation); a project abstract and                before Congress on any issue, and to
                                                  may not be used for cash match. CAT                     program narrative; a disclosure of                    identify the specific subjects of their
                                                  Grant application procedures can be                     lobbying form, when applicable; and                   lobbying efforts (see section VI.A.7.).
                                                  found in section IV.C.                                  certain certifications and assurances                 2. Project Abstract
                                                  D. Partner Grants                                       (see below). See www.sji.gov/forms for
                                                                                                          Project Grant application forms.                         The abstract should highlight the
                                                     Partner Grants are intended to allow                                                                       purposes, goals, methods, and
                                                  SJI and federal, state, or local agencies               1. Forms                                              anticipated benefits of the proposed
                                                  or foundations, trusts, or other private                                                                      project. It should not exceed 1 single-
                                                                                                          a. Application Form (Form A)
                                                  entities to combine financial resources                                                                       spaced page.
                                                  in pursuit of common interests. SJI and                    The application form requests basic
                                                  its financial partners may set any level                information regarding the proposed                    3. Program Narrative
                                                  for Partner Grants, subject to the entire               project, the applicant, and the total                    The program narrative for an
                                                  amount of the grant being available at                  amount of funding requested from SJI. It              application may not exceed 25 double-
                                                  the time of the award. Grant periods for                also requires the signature of an                     spaced pages. The pages should be
                                                  Partner Grants ordinarily may not                       individual authorized to certify on                   numbered. This page limit does not
                                                  exceed 36 months.                                       behalf of the applicant that the                      include the forms, the abstract, the
                                                     Partner Grants are subject to the same               information contained in the                          budget narrative, and any appendices
                                                  cash match requirement as Project                       application is true and complete; that                containing resumes and letters of
                                                  Grants. In other words, grant awards by                 submission of the application has been                cooperation or endorsement. Additional
                                                  SJI must be matched at least dollar-for-                authorized by the applicant; and that if              background material should be attached
                                                  dollar. Partner Grants are initiated and                funding for the proposed project is                   only if it is essential to impart a clear
                                                  coordinated by the funding                              approved, the applicant will comply                   understanding of the proposed project.
                                                  organizations. More information on                      with the requirements and conditions of               Numerous and lengthy appendices are
                                                  Partner Grants can be found in section                  the award, including the assurances set               strongly discouraged.
                                                  IV.D.                                                   forth in Form D.                                         The program narrative should address
                                                                                                          b. Certificate of State Approval (Form B)             the following topics:
                                                  E. Strategic Initiatives Grants
                                                    The Strategic Initiatives Grants (SIG)                   An application from a state or local               a. Project Objectives
                                                  program provides SJI with the flexibility               court must include a copy of Form B                      The applicant should include a clear,
                                                  to address national court issues as they                signed by the state’s chief justice or state          concise statement of what the proposed
                                                  occur, and develop solutions to those                   court administrator. The signature                    project is intended to accomplish. In
                                                  problems. This is an innovative                         denotes that the proposed project has                 stating the objectives of the project,
                                                  approach where SJI uses its expertise                   been approved by the state’s highest                  applicants should focus on the overall
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                                                  and the expertise and knowledge of its                  court or the agency or council it has                 programmatic objective (e.g., to enhance
                                                  grantees to address key issues facing                   designated. It denotes further that, if               understanding and skills regarding a
                                                  state courts across the United States.                  applicable, a cash match reduction has                specific subject, or to determine how a
                                                    The funding is used for grants or                     been requested, and that if SJI approves              certain procedure affects the court and
                                                  contractual services, and any remaining                 funding for the project, the court or the             litigants) rather than on operational
                                                  balance not used for the SIG program                    specified designee will receive,                      objectives.
                                                  will become available for SJI’s other                   administer, and be accountable for the                   The applicant must describe how the
                                                  grant programs. The program is handled                  awarded funds.                                        proposed project addresses one or more


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                                                  66108                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  Priority Investment Areas. If the project               affected by the research. If the potential            project activities, including publication
                                                  does not address one or more Priority                   exists for risk or harm to human                      or reproduction of project products and
                                                  Investment Areas, the applicant must                    subjects, a discussion should be                      their initial dissemination, would occur
                                                  provide an explanation why not.                         included that explains the value of the               within the proposed project period. The
                                                                                                          proposed research and the methods to                  management plan must also provide for
                                                  b. Need for the Project
                                                                                                          be used to minimize or eliminate such                 the submission of Quarterly Progress
                                                     If the project is to be conducted in any             risk.                                                 and Financial Reports within 30 days
                                                  specific location(s), the applicant                        (b) For education and training                     after the close of each calendar quarter
                                                  should discuss the particular needs of                  projects, the applicant should include                (i.e., no later than January 30, April 30,
                                                  the project site(s) to be addressed by the              the adult education techniques to be                  July 30, and October 30), per section
                                                  project and why those needs are not                     used in designing and presenting the                  VI.A.13.
                                                  being met through the use of existing                   program, including the teaching/                         Applicants should be aware that SJI is
                                                  programs, procedures, services, or other                learning objectives of the educational                unlikely to approve a limited extension
                                                  resources.                                              design, the teaching methods to be used,              of the grant period without strong
                                                     If the project is not site-specific, the             and the opportunities for structured                  justification. Therefore, the management
                                                  applicant should discuss the problems                   interaction among the participants; how               plan should be as realistic as possible
                                                  that the proposed project would                         faculty would be recruited, selected,                 and fully reflect the time commitments
                                                  address, and why existing programs,                     and trained; the proposed number and                  of the proposed project staff and
                                                  procedures, services, or other resources                length of the conferences, courses,                   consultants.
                                                  cannot adequately resolve those                         seminars, or workshops to be conducted
                                                  problems. In addition, the applicant                                                                          e. Products
                                                                                                          and the estimated number of persons
                                                  should describe how, if applicable, the                 who would attend them; the materials to                  The program narrative in the
                                                  project will be sustained in the future                 be provided and how they would be                     application should contain a description
                                                  through existing resources.                             developed; and the cost to participants.              of the product(s) to be developed (e.g.,
                                                     The discussion should include                           (c) For demonstration projects, the                training curricula and materials, Web
                                                  specific references to the relevant                     applicant should include the                          sites or other electronic multimedia,
                                                  literature and to the experience in the                 demonstration sites and the reasons                   articles, guidelines, manuals, reports,
                                                  field. SJI continues to make all grant                  they were selected, or if the sites have              handbooks, benchbooks, or books),
                                                  reports and most grant products                         not been chosen, how they would be                    including when they would be
                                                  available online through the National                   identified and their cooperation                      submitted to SJI. The budget should
                                                  Center for State Courts (NCSC) Library                  obtained; and how the program or                      include the cost of producing and
                                                  and Digital Archive. Applicants are                     procedures would be implemented and                   disseminating the product to the state
                                                  required to conduct a search of the                     monitored.                                            chief justice, state court administrator,
                                                  NCSC Library and Digital Archive on                        (d) For technical assistance projects,             and other appropriate judges or court
                                                  the topic areas they are addressing. This               the applicant should explain the types                personnel. If final products involve
                                                  search should include SJI-funded grants,                of assistance that would be provided;                 electronic formats, the applicant should
                                                  and previous projects not supported by                  the particular issues and problems for                indicate how the product would be
                                                  SJI. Searches for SJI grant reports and                 which assistance would be provided;                   made available to other courts.
                                                  other state court resources begin with                  the type of assistance determined; how                Discussion of this dissemination process
                                                  the NCSC Library section. Applicants                    suitable providers would be selected                  should occur between the grantee and
                                                  must discuss the results of their                       and briefed; and how reports would be                 SJI prior to the final selection of the
                                                  research; how they plan to incorporate                  reviewed.                                             dissemination process to be used.
                                                  the previous work into their proposed                      (2) Evaluation. Projects should                       (1) Dissemination Plan. The
                                                  project; and if the project will                        include an evaluation plan to determine               application must explain how and to
                                                  differentiate from prior work.                          whether the project met its objectives.               whom the products would be
                                                                                                          The evaluation should be designed to                  disseminated; describe how they would
                                                  c. Tasks, Methods and Evaluations                       provide an objective and independent                  benefit the state courts, including how
                                                     (1) Tasks and Methods. The applicant                 assessment of the effectiveness or                    they could be used by judges and court
                                                  should delineate the tasks to be                        usefulness of the training or services                personnel; identify development,
                                                  performed in achieving the project                      provided; the impact of the procedures,               production, and dissemination costs
                                                  objectives and the methods to be used                   technology, or services tested; or the                covered by the project budget; and
                                                  for accomplishing each task. For                        validity and applicability of the research            present the basis on which products and
                                                  example:                                                conducted. The evaluation plan should                 services developed or provided under
                                                     (a) For research and evaluation                      be appropriate to the type of project                 the grant would be offered to the court
                                                  projects, the applicant should include                  proposed.                                             community and the public at large (i.e.,
                                                  the data sources, data collection                                                                             whether products would be distributed
                                                  strategies, variables to be examined, and               d. Project Management                                 at no cost to recipients, or if costs are
                                                  analytic procedures to be used for                        The applicant should present a                      involved, the reason for charging
                                                  conducting the research or evaluation                   detailed management plan, including                   recipients and the estimated price of the
                                                  and ensuring the validity and general                   the starting and completion date for                  product) (see section VI.A.11.b.).
                                                  applicability of the results. For projects              each task; the time commitments to the                Ordinarily, applicants should schedule
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                                                  involving human subjects, the                           project of key staff and their                        all product preparation and distribution
                                                  discussion of methods should address                    responsibilities regarding each project               activities within the project period.
                                                  the procedures for obtaining                            task; and the procedures that would                      Applicants proposing to develop web-
                                                  respondents’ informed consent,                          ensure that all tasks are performed on                based products should provide for
                                                  ensuring the respondents’ privacy and                   time, within budget, and at the highest               sending a notice and description of the
                                                  freedom from risk or harm, and                          level of quality. In preparing the project            document to the appropriate audiences
                                                  protecting others who are not the                       time line, Gantt Chart, or schedule,                  to alert them to the availability of the
                                                  subjects of research but would be                       applicants should make certain that all               Web site or electronic product (i.e., a


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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                            66109

                                                  written report with a reference to the                  controlled by, operating in conjunction               both, if specifically requested to do so
                                                  Web site).                                              with, and serving the judicial branches               by the Institute.
                                                     Three (3) copies of all project                      of state governments, or a national non-
                                                  products should be submitted to SJI,                                                                          i. Statement of Lobbying Activities
                                                                                                          profit organization for the education and
                                                  along with an electronic version in                     training of state court judges and                       Non-governmental applicants must
                                                  HTML or PDF format. Discussions of                      support personnel (see section II). If the            submit SJI’s Disclosure of Lobbying
                                                  final product dissemination should be                   applicant is a non-judicial unit of                   Activities Form E, which documents
                                                  conducted with SJI prior to the end of                  federal, state, or local government, it               whether they, or another entity that is
                                                  the grant period.                                       must explain whether the proposed                     a part of the same organization as the
                                                     (2) Types of Products. The type of                   services could be adequately provided                 applicant, have advocated a position
                                                  product to be prepared depends on the                   by non-governmental entities.                         before Congress on any issue, and
                                                  nature of the project. For example, in                                                                        identifies the specific subjects of their
                                                  most instances, the products of a                       g. Staff Capability                                   lobbying efforts.
                                                  research, evaluation, or demonstration                    The applicant should include a
                                                  project should include an article                                                                             j. Letters of Cooperation or Support
                                                                                                          summary of the training and experience
                                                  summarizing the project findings that is                of the key staff members and                             If the cooperation of courts,
                                                  publishable in a journal serving the                    consultants that qualify them for                     organizations, agencies, or individuals
                                                  courts community nationally, an                         conducting and managing the proposed                  other than the applicant is required to
                                                  executive summary that would be                         project. Resumes of identified staff                  conduct the project, the applicant
                                                  disseminated to the project’s primary                   should be attached to the application. If             should attach written assurances of
                                                  audience, or both. Applicants proposing                 one or more key staff members and                     cooperation and availability to the
                                                  to conduct empirical research or                        consultants are not known at the time of              application, or send them under
                                                  evaluation projects with national import                the application, a description of the                 separate cover. Letters of general
                                                  should describe how they would make                     criteria that would be used to select                 support for a project are also
                                                  their data available for secondary                      persons for these positions should be                 encouraged.
                                                  analysis after the grant period (see                    included. The applicant also should                   4. Budget Narrative
                                                  section VI.A.14.a.).                                    identify the person who would be
                                                     The curricula and other products                                                                              In addition to Project Grant
                                                                                                          responsible for managing and reporting
                                                  developed through education and                                                                               applications, the following section also
                                                                                                          on the financial aspects of the proposed
                                                  training projects should be designed for                                                                      applies to Technical Assistance and
                                                                                                          project.
                                                  use by others and again by the original                                                                       Curriculum Adaptation and Training
                                                  participants in the course of their                     h. Organizational Capacity                            grant applications.
                                                  duties.                                                                                                          The budget narrative should provide
                                                                                                             Applicants that have not received a
                                                     (3) SJI Review. Applicants must                                                                            the basis for the computation of all
                                                                                                          grant from SJI within the past three
                                                  submit a final draft of all written grant                                                                     project-related costs. When the
                                                                                                          years should include a statement
                                                  products to SJI for review and approval                                                                       proposed project would be partially
                                                                                                          describing their capacity to administer
                                                  at least 30 days before the products are                                                                      supported by grants from other funding
                                                                                                          grant funds, including the financial
                                                  submitted for publication or                                                                                  sources, applicants should make clear
                                                                                                          systems used to monitor project
                                                  reproduction. For products in Web site                                                                        what costs would be covered by those
                                                                                                          expenditures (and income, if any), and
                                                  or multimedia format, applicants must                                                                         other grants. Additional background
                                                                                                          a summary of their past experience in
                                                  provide for SJI review of the product at                                                                      information or schedules may be
                                                                                                          administering grants, as well as any
                                                  the treatment, script, rough-cut, and                                                                         attached if they are essential to
                                                                                                          resources or capabilities that they have
                                                  final stages of development, or their                                                                         obtaining a clear understanding of the
                                                                                                          that would particularly assist in the
                                                  equivalents. No grant funds may be                                                                            proposed budget. Numerous and
                                                                                                          successful completion of the project.
                                                  obligated for publication or                                                                                  lengthy appendices are strongly
                                                  reproduction of a final grant product                      Unless requested otherwise, an                     discouraged.
                                                  without the written approval of SJI (see                applicant that has received a grant from                 The budget narrative should cover the
                                                  section VI.A.11.f.).                                    SJI within the past three years should                costs of all components of the project
                                                     (4) Acknowledgment, Disclaimer, and                  describe only the changes in its                      and clearly identify costs attributable to
                                                  Logo. Applicants must also include in                   organizational capacity, tax status, or               the project evaluation.
                                                  all project products a prominent                        financial capability that may affect its
                                                                                                          capacity to administer a grant.                       a. Justification of Personnel
                                                  acknowledgment that support was                                                                               Compensation
                                                  received from SJI and a disclaimer                         If the applicant is a non-profit
                                                  paragraph based on the example                          organization (other than a university), it               The applicant should set forth the
                                                  provided in section VI.A.11.a.2. in the                 must also provide documentation of its                percentages of time to be devoted by the
                                                  Grant Guideline. The ‘‘SJI’’ logo must                  501(c) tax-exempt status as determined                individuals who would staff the
                                                  appear on the front cover of a written                  by the Internal Revenue Service and a                 proposed project, the annual salary of
                                                  product, or in the opening frames of a                  copy of a current certified audit report.             each of those persons, and the number
                                                  Web site or other multimedia product,                   For purposes of this requirement,                     of work days per year used for
                                                  unless SJI approves another placement.                  ‘‘current’’ means no earlier than two                 calculating the percentages of time or
                                                  The SJI logo can be downloaded from                     years prior to the present calendar year.             daily rates of those individuals. The
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                                                  SJI’s Web site: www.sji.gov.                               If a current audit report is not                   applicant should explain any deviations
                                                                                                          available, SJI will require the                       from current rates or established written
                                                  f. Applicant Status                                     organization to complete a financial                  organizational policies. No grant funds
                                                     An applicant that is not a state or                  capability questionnaire, which must be               or cash match may be used to pay the
                                                  local court and has not received a grant                signed by a certified public accountant.              salary and related costs for a current or
                                                  from SJI within the past three years                    Other applicants may be required to                   new employee of a court or other unit
                                                  should indicate whether it is either a                  provide a current audit report, a                     of government because such funds
                                                  national non-profit organization                        financial capability questionnaire, or                would constitute a supplantation of


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                                                  66110                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  state or local funds in violation of 42                 should clearly identify which                         5. Submission Requirements
                                                  U.S.C. 10706(d)(1); this includes new                   equipment is to be leased and which is                   a. Every applicant must submit an
                                                  employees hired specifically for the                    to be purchased. The method of                        original and three copies of the
                                                  project. The salary and any related costs               procurement should also be described.                 application package consisting of Form
                                                  for a current or new employee of a court                Purchases of automated data processing                A; Form B, if the application is from a
                                                  or other unit of government may only be                 equipment must comply with section                    state or local court, or a Disclosure of
                                                  accepted as in-kind match.                              VII.I.2.b.                                            Lobbying Form (Form E), if the
                                                  b. Fringe Benefit Computation                           f. Supplies                                           applicant is not a unit of state or local
                                                                                                                                                                government; Form C; the Application
                                                     For non-governmental entities, the                      The applicant should provide a
                                                                                                                                                                Abstract; the Program Narrative; the
                                                  applicant should provide a description                  general description of the supplies
                                                                                                                                                                Budget Narrative; and any necessary
                                                  of the fringe benefits provided to                      necessary to accomplish the goals and
                                                                                                                                                                appendices.
                                                  employees. If percentages are used, the                 objectives of the grant. In addition, the                Letters of application may be
                                                  authority for such use should be                        applicant should provide the basis for                submitted at any time. However,
                                                  presented, as well as a description of the              the amount requested for this                         applicants are encouraged to review the
                                                  elements included in the determination                  expenditure category.                                 grant deadlines available on the SJI Web
                                                  of the percentage rate.                                                                                       site. Receipt of each application will be
                                                                                                          g. Construction
                                                  c. Consultant/Contractual Services and                                                                        acknowledged by letter or email.
                                                                                                             Construction expenses are prohibited
                                                  Honoraria                                                                                                        b. Applicants submitting more than
                                                                                                          except for the limited purposes set forth
                                                     The applicant should describe the                                                                          one application may include material
                                                                                                          in section VI.A.16.b. Any allowable
                                                  tasks each consultant would perform,                                                                          that would be identical in each
                                                                                                          construction or renovation expense
                                                  the estimated total amount to be paid to                                                                      application in a cover letter. This
                                                                                                          should be described in detail in the
                                                  each consultant, the basis for                                                                                material will be incorporated by
                                                                                                          budget narrative.
                                                  compensation rates (e.g., the number of                                                                       reference into each application and
                                                  days multiplied by the daily consultant                 h. Postage                                            counted against the 25-page limit for the
                                                  rates), and the method for selection.                      Anticipated postage costs for project-             program narrative. A copy of the cover
                                                  Rates for consultant services must be set               related mailings, including distribution              letter should be attached to each copy
                                                  in accordance with section VII.I.2.c.                   of the final product(s), should be                    of the application.
                                                  Prior written SJI approval is required for              described in the budget narrative. The                B. Technical Assistance (TA) Grants
                                                  any consultant rate in excess of $800 per               cost of special mailings, such as for a
                                                  day; SJI funds may not be used to pay                   survey or for announcing a workshop,                  1. Application Procedures
                                                  a consultant more than $1,100 per day.                  should be distinguished from routine                     Applicants for TA Grants may submit
                                                  Honorarium payments must be justified                   operational mailing costs. The bases for              an original and three copies of a
                                                  in the same manner as consultant                        all postage estimates should be included              detailed letter describing the proposed
                                                  payments.                                               in the budget narrative.                              project, as well as a Form A—State
                                                                                                                                                                Justice Institute Application; Form B—
                                                  d. Travel                                               i. Printing/Photocopying
                                                                                                                                                                Certificate of State Approval from the
                                                     Transportation costs and per diem                       Anticipated costs for printing or                  State Supreme Court, or its designated
                                                  rates must comply with the policies of                  photocopying project documents,                       agency; and Form C—Project Budget in
                                                  the applicant organization. If the                      reports, and publications should be                   Tabular Format (see www.sji.gov/forms).
                                                  applicant does not have an established                  included in the budget narrative, along
                                                  travel policy, then travel rates must be                with the bases used to calculate these                2. Application Format
                                                  consistent with those established by the                estimates.                                               Although there is no prescribed form
                                                  federal government. The budget                                                                                for the letter, or a minimum or
                                                                                                          j. Indirect Costs                                     maximum page limit, letters of
                                                  narrative should include an explanation
                                                  of the rate used, including the                             Indirect costs are only applicable to             application should include the
                                                  components of the per diem rate and the                 organizations that are not state courts or            following information:
                                                  basis for the estimated transportation                  government agencies. Recoverable                         a. Need for Funding. The applicant
                                                  expenses. The purpose of the travel                     indirect costs are limited to no more                 must explain the critical need facing the
                                                  should also be included in the narrative.               than 75 percent of a grantee’s direct                 applicant, and the proposed technical
                                                                                                          personnel costs, i.e. salaries plus fringe            assistance that will enable the applicant
                                                  e. Equipment                                            benefits (see section VII.I.4.).                      meet this critical need. The applicant
                                                     Grant funds may be used to purchase                      Applicants should describe the                    must also explain why state or local
                                                  only the equipment necessary to                         indirect cost rates applicable to the                 resources are not sufficient to fully
                                                  demonstrate a new technological                         grant in detail. If costs often included              support the costs of the project. In
                                                  application in a court or that is                       within an indirect cost rate are charged              addition, the applicant should describe
                                                  otherwise essential to accomplishing the                directly (e.g., a percentage of the time of           how, if applicable, the project will be
                                                  objectives of the project. In other words,              senior managers to supervise project                  sustained in the future through existing
                                                  grant funds cannot be used strictly for                 activities), the applicant should specify             resources.
                                                  the purpose of purchasing equipment.                    that these costs are not included within                 The discussion should include
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                                                  Equipment purchases to support basic                    its approved indirect cost rate. These                specific references to the relevant
                                                  court operations ordinarily will not be                 rates must be established in accordance               literature and to the experience in the
                                                  approved. The applicant should                          with section VII.I.4. If the applicant has            field. SJI continues to make all grant
                                                  describe the equipment to be purchased                  an indirect cost rate or allocation plan              reports and most grant products
                                                  or leased and explain why the                           approved by any federal granting                      available online through the National
                                                  acquisition of that equipment is                        agency, a copy of the approved rate                   Center for State Courts (NCSC) Library
                                                  essential to accomplish the project’s                   agreement must be attached to the                     and Digital Archive. Applicants are
                                                  goals and objectives. The narrative                     application.                                          required to conduct a search of the


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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                           66111

                                                  NCSC Library and Digital Archive on                     development of the implementation                        (1) Project Description. The applicant
                                                  the topic areas they are addressing. This               plan?                                                 must describe how the proposed project
                                                  search should include SJI-funded grants,                                                                      addresses one or more Priority
                                                                                                          3. Budget and Matching State
                                                  and previous projects not supported by                                                                        Investment Areas. If the project does not
                                                                                                          Contribution
                                                  SJI. Searches for SJI grant reports and                                                                       address one or more Priority Investment
                                                  other state court resources begin with                     Applicants must follow the same                    Areas, the applicant must provide an
                                                  the NCSC Library section. Applicants                    guidelines provided under Section                     explanation why not. Due to the high
                                                  must discuss the results of their                       IV.A.4. A completed Form C—Project                    costs of travel to attend training events,
                                                  research; how they plan to incorporate                  Budget, Tabular Format and budget                     the innovative use of distance learning
                                                  the previous work into their proposed                   narrative must be included with the                   is highly encouraged.
                                                  project; and if the project will                        letter requesting technical assistance.                  The applicant must provide the title
                                                  differentiate from prior work.                             The budget narrative should provide                of the curriculum that will be adapted,
                                                     b. Project Description. The applicant                the basis for all project-related costs,              and identify the entity that originally
                                                  must describe how the proposed project                  including the basis for determining the               developed the curriculum. The
                                                  addressed one or more Priority                          estimated consultant costs, if                        applicant must also address the
                                                  Investment Areas. If the project does not               compensation of the consultant is                     following questions: Why is this
                                                  address one or more Priority Investment                 required (e.g., the number of days per                education program needed at the
                                                  Areas, the applicant must provide an                    task times the requested daily                        present time? What are the project’s
                                                  explanation why not.                                    consultant rate). Applicants should be                goals? What are the learning objectives
                                                     The applicant must describe the tasks                aware that consultant rates above $800                of the adapted curriculum? What
                                                  the consultant will perform, and how                    per day must be approved in advance by                program components would be
                                                  would they be accomplished. In                          SJI, and that no consultant will be paid              implemented, and what types of
                                                  addition, the applicant must identify                   more than $1,100 per day from SJI                     modifications, if any, are anticipated in
                                                  which organization or individual will be                funds. In addition, the budget should                 length, format, learning objectives,
                                                  hired to provide the assistance, and how                provide for submission of two copies of               teaching methods, or content? Who
                                                  the consultant was selected. If a                       the consultant’s final report to the SJI.             would be responsible for adapting the
                                                  consultant has not yet been identified,                    Recipients of TA Grants do not have                model curriculum? Who would the
                                                  what procedures and criteria would be                   to submit an audit report but must                    participants be, how many would there
                                                  used to select the consultant (applicants               maintain appropriate documentation to                 be, how would they be recruited, and
                                                  are expected to follow their                            support expenditures (see section                     from where would they come (e.g., from
                                                  jurisdictions’ normal procedures for                    VI.A.3.).                                             a single local jurisdiction, from across
                                                  procuring consultant services)? What                                                                          the state, from a multi-state region, from
                                                                                                          4. Submission Requirements
                                                  specific tasks would the consultant(s)                                                                        across the nation)?
                                                  and court staff undertake? What is the                     Letters of application should be                      (2) Need for Funding. The discussion
                                                  schedule for completion of each                         submitted according to the grant                      should include specific references to the
                                                  required task and the entire project?                   deadlines provided on the SJI Web site.               relevant literature and to the experience
                                                  How would the applicant oversee the                        If the support or cooperation of                   in the field. SJI continues to make all
                                                  project and provide guidance to the                     agencies, funding bodies, organizations,              grant reports and most grant products
                                                  consultant, and who at the court or                     or courts other than the applicant would              available online through the National
                                                  regional court association would be                     be needed in order for the consultant to              Center for State Courts (NCSC) Library
                                                  responsible for coordinating all project                perform the required tasks, written                   and Digital Archive. Applicants are
                                                  tasks and submitting quarterly progress                 assurances of such support or                         required to conduct a search of the
                                                  and financial status reports?                           cooperation should accompany the                      NCSC Library and Digital Archive on
                                                     If the consultant has been identified,               application letter. Letters of general                the topic areas they are addressing. This
                                                  the applicant should provide a letter                   support for the project are also                      search should include SJI-funded grants,
                                                  from that individual or organization                    encouraged. Support letters may be                    and previous projects not supported by
                                                  documenting interest in and availability                submitted under separate cover;                       SJI. Searches for SJI grant reports and
                                                  for the project, as well as the                         however, they should be received by the               other state court resources begin with
                                                  consultant’s ability to complete the                    same date as the application.                         the NCSC Library section. Applicants
                                                  assignment within the proposed time                                                                           must discuss the results of their
                                                                                                          C. Curriculum Adaptation and Training
                                                  frame and for the proposed cost. The                                                                          research; how they plan to incorporate
                                                                                                          (CAT) Grants
                                                  consultant must agree to submit a                                                                             the previous work into their proposed
                                                  detailed written report to the court and                1. Application Procedures                             project; and if the project will
                                                  SJI upon completion of the technical                       In lieu of formal applications,                    differentiate from prior work.
                                                  assistance.                                             applicants should submit an original                     The applicant should explain why
                                                     c. Likelihood of Implementation.                     and three photocopies of a detailed                   state or local resources are unable to
                                                  What steps have been or would be taken                  letter as well as a Form A—State Justice              fully support the modification and
                                                  to facilitate implementation of the                     Institute Application; Form B—                        presentation of the model curriculum.
                                                  consultant’s recommendations upon                       Certificate of State Approval; and Form               The applicant should also describe the
                                                  completion of the technical assistance?                 C—Project Budget, Tabular Format (see                 potential for replicating or integrating
                                                  For example, if the support or                          www.sji.gov/forms).                                   the adapted curriculum in the future
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                                                  cooperation of specific court officials or                                                                    using state or local funds, once it has
                                                  committees, other agencies, funding                     2. Application Format                                 been successfully adapted and tested. In
                                                  bodies, organizations, or a court other                    Although there is no prescribed                    addition, the applicant should describe
                                                  than the applicant would be needed to                   format for the letter, or a minimum or                how, if applicable, the project will be
                                                  adopt the changes recommended by the                    maximum page limit, letters of                        sustained in the future through existing
                                                  consultant and approved by the court,                   application should include the                        resources.
                                                  how would they be involved in the                       following information.                                   (3) Likelihood of Implementation. The
                                                  review of the recommendations and                          a. For adaptation of a curriculum:                 applicant should provide the proposed


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                                                  66112                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  timeline, including the project start and               and, if in-house personnel are not the                application procedures, grant cycles, or
                                                  end dates, the date(s) the judicial branch              trainers, how the trainer will be                     grant requirements to expedite the
                                                  education program will be presented,                    selected. If a trainer has not yet been               award of jointly-funded grants targeted
                                                  and the process that will be used to                    identified, the applicant must describe               at emerging or high priority problems
                                                  modify and present the program. The                     the procedures and criteria that will be              confronting state and local courts. SJI
                                                  applicant should also identify who will                 used to select the trainer. In addition,              may solicit brief proposals from
                                                  serve as faculty, and how they were                     the applicant should address the                      potential grantees to fellow financial
                                                  selected, in addition to the measures                   following questions: What specific tasks              partners as a first step. Should SJI be
                                                  taken to facilitate subsequent                          would the trainer and court staff or                  chosen as the lead grant manager,
                                                  presentations of the program.                           regional court association members                    Project Grant application procedures
                                                  Ordinarily, an independent evaluation                   undertake? What presentation methods                  will apply to the proposed Partner
                                                  of a curriculum adaptation project is not               will be used? What is the schedule for                Grant.
                                                  required; however, the results of any                   completion of each required task and
                                                  evaluation should be included in the                                                                          E. Education Support Program (ESP)
                                                                                                          the entire project? How will the
                                                  final report.                                           applicant oversee the project and                     1. Limitations
                                                     (4) Expressions of Interest by Judges                provide guidance to the trainer, and
                                                  and/or Court Personnel. Does the                                                                                 Applicants may not receive more than
                                                                                                          who at the court or affiliated with the               one ESP award in a two-year fiscal year
                                                  proposed program have the support of                    regional court association would be
                                                  the court system or association                                                                               period unless the course specifically
                                                                                                          responsible for coordinating all project              assumes multi-year participation, such
                                                  leadership, and of judges, court                        tasks and submitting quarterly progress
                                                  managers, and judicial branch education                                                                       as a certification program or a graduate
                                                                                                          and financial status reports?                         degree program in judicial studies in
                                                  personnel who are expected to attend?                      If the trainer has been identified, the
                                                  Applicants may demonstrate this by                                                                            which the applicant is currently
                                                                                                          applicant should provide a letter from
                                                  attaching letters of support.                                                                                 enrolled (neither exception should be
                                                                                                          that individual or organization
                                                     b. For training assistance:                                                                                taken as a commitment on the part of
                                                                                                          documenting interest in and availability
                                                     (1) Need for Funding. The applicant                                                                        the SJI Board of Directors to approve
                                                                                                          for the project, as well as the trainer’s
                                                  must describe how the proposed project                                                                        serial ESP awards). If the course
                                                                                                          ability to complete the assignment
                                                  addresses one or more Priority                                                                                assumes multi-year participation,
                                                                                                          within the proposed time frame and for
                                                  Investment Areas. If the project does not                                                                     awards will be limited to one per fiscal
                                                                                                          the proposed cost.
                                                  address one or more Priority Investment                    (3) Likelihood of Implementation. The              year. Attendance at annual or mid-year
                                                  Areas, the applicant must provide an                    applicant should explain what steps                   meetings or conferences of a state or
                                                  explanation why not.                                    have been or will be taken to coordinate              national organization does not qualify as
                                                     The discussion should include                        the implementation of the training. For               an out-of-state educational program for
                                                  specific references to the relevant                     example, if the support or cooperation                the ESP, even though it may include
                                                  literature and to the experience in the                 of specific court or regional court                   workshops or other training sessions.
                                                  field. SJI continues to make all grant                                                                           The ESP only covers the cost of
                                                                                                          association officials or committees,
                                                  reports and most grant products                                                                               tuition up to a maximum of $1,000 per
                                                                                                          other agencies, funding bodies,
                                                  available online through the National                                                                         award, per course. Awards will be made
                                                                                                          organizations, or a court other than the
                                                  Center for State Courts (NCSC) Library                                                                        for the exact amount requested for
                                                                                                          applicant will be needed to adopt the
                                                  and Digital Archive. Applicants are                                                                           tuition. Funds to pay tuition in excess
                                                                                                          reform and initiate the training
                                                  required to conduct a search of the                                                                           of $1,000, and other cost of attending
                                                                                                          proposed, how will the applicant secure
                                                  NCSC Library and Digital Archive on                                                                           the program such as travel, lodging,
                                                                                                          their involvement in the development
                                                  the topic areas they are addressing. This                                                                     meals, materials, transportation to and
                                                                                                          and implementation of the training?
                                                  search should include SJI-funded grants,                                                                      from airports (including rental cars)
                                                  and previous projects not supported by                  3. Budget and Matching State                          must be obtained from other sources or
                                                  SJI. Searches for SJI grant reports and                 Contribution                                          borne by the ESP award recipient.
                                                  other state court resources begin with                     Applicants must also follow the same               Applicants are encouraged to check
                                                  the NCSC Library section. Applicants                    guidelines provided under Section                     other sources of financial assistance and
                                                  must discuss the results of their                       IV.A.4. Applicants should attach a copy               to combine aid from various sources
                                                  research; how they plan to incorporate                  of budget Form C and a budget narrative               whenever possible. An ESP award is not
                                                  the previous work into their proposed                   (see subsection A.4. above) that                      transferable to another individual. It
                                                  project; and if the project will                        describes the basis for the computation               may be used only for the course
                                                  differentiate from prior work.                          of all project-related costs and the                  specified in the application unless the
                                                     The applicant should describe the                    source of the match offered.                          applicant’s request to attend a different
                                                  court reform or initiative prompting the                                                                      course that meets the eligibility
                                                  need for training. The applicant should                 4. Submission Requirements                            requirements is approved in writing by
                                                  also discuss how the proposed training                     For curriculum adaptation requests,                SJI.
                                                  will help the applicant implement                       applicants should allow at least 90 days              2. Eligibility Requirements
                                                  planned changes at the court, and why                   between the Board meeting and the date
                                                  state or local resources are not sufficient             of the proposed program to allow                        a. Recipients. Because of the limited
                                                  to fully support the costs of the required              sufficient time for needed planning.                  amount of funding available, only full-
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                                                  training. In addition, the applicant                    Letters of support for the project are also           time judges of state or local trial and
                                                  should describe how, if applicable, the                 encouraged. Applicants are encouraged                 appellate courts; full-time professional,
                                                  project will be sustained in the future                 to call SJI to discuss concerns about                 state, or local court personnel with
                                                  through existing resources.                             timing of submissions.                                management and supervisory
                                                     (2) Project Description. The applicant                                                                     responsibilities; and supervisory and
                                                  must identify the tasks the trainer(s)                  D. Partner Grants                                     management probation personnel in
                                                  will be expected to perform, which                        SJI and its funding partners may                    judicial branch probation offices are
                                                  organization or individual will be hired,               meld, pick and choose, or waive their                 eligible for the program. Senior judges,


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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                            66113

                                                  part-time judges, quasi-judicial hearing                these dates. No exceptions or extensions              2. Technical Assistance (TA) Grant
                                                  officers including referees and                         will be granted. All the required items               Applications
                                                  commissioners, administrative law                       must be received for an application to                  TA Grant applications will be rated
                                                  judges, staff attorneys, law clerks, line               be considered. If the Concurrence form                on the basis of the following criteria:
                                                  staff, law enforcement officers, and                    or letter of support is sent separately                 a. Whether the assistance would
                                                  other executive branch personnel are                    from the application, the postmark date               address a critical need of the applicant;
                                                  not eligible.                                           of the last item sent will be used in                   b. The soundness of the technical
                                                    b. Courses. An ESP award is only for:                 determining the review date. All                      assistance approach to the problem;
                                                  (1) A course presented in a state other                 applications should be sent by mail or                  c. The qualifications of the
                                                  than the one in which the applicant                     courier (not fax or email).                           consultant(s) to be hired or the specific
                                                  resides or works, or (2) an online course.
                                                                                                          V. Application Review Procedures                      criteria that will be used to select the
                                                  The course must be designed to enhance
                                                                                                                                                                consultant(s);
                                                  the skills of new or experienced judges                 A. Preliminary Inquiries                                d. The commitment of the court or
                                                  and court managers; or be offered by a
                                                  recognized graduate program for judges                    SJI staff will answer inquiries                     association to act on the consultant’s
                                                  or court managers.                                      concerning application procedures.                    recommendations; and,
                                                    Applicants are encouraged not to wait                                                                         e. The reasonableness of the proposed
                                                                                                          B. Selection Criteria
                                                  for the decision on an ESP application                                                                        budget.
                                                  to register for an educational program                  1. Project Grant Applications                           SJI also will consider factors such as
                                                  they wish to attend. SJI does not submit                   a. Project Grant applications will be              the level and nature of the match that
                                                  the names of ESP award recipients to                    rated on the basis of the criteria set forth          would be provided, diversity of subject
                                                  educational organizations, nor provide                  below. SJI will accord the greatest                   matter, geographic diversity, the level of
                                                  the funds to the educational                            weight to the following criteria:                     appropriations available to SJI in the
                                                  organization. ESP funds are provided as                    (1) The soundness of the                           current year, and the amount expected
                                                  reimbursements directly to the                          methodology;                                          to be available in succeeding fiscal
                                                  recipient.                                                 (2) The demonstration of need for the              years.
                                                                                                          project;                                              3. Curriculum Adaptation and Training
                                                  3. Forms                                                   (3) The appropriateness of the                     (CAT) Grant Applications
                                                     a. Education Support Program                         proposed evaluation design;
                                                  Application—Form ESP–1 (see                                (4) If applicable, the key findings and               CAT Grant applications will be rated
                                                  www.sji.gov/forms). The application                     recommendations of the most recent                    on the basis of the following criteria:
                                                  requests basic information about the                    evaluation and the proposed responses                    a. For curriculum adaptation projects:
                                                  applicant and the educational program                   to those findings and recommendations;                   (1) The goals and objectives of the
                                                  the applicant would like to attend. It                     (5) The applicant’s management plan                proposed project;
                                                  also addresses the applicant’s                          and organizational capabilities;                         (2) The need for outside funding to
                                                  commitment to share the skills and                         (6) The qualifications of the project’s            support the program;
                                                  knowledge gained with state and local                   staff;                                                   (3) The appropriateness of the
                                                  court colleagues. The application must                     (7) The products and benefits                      approach in achieving the project’s
                                                  bear the original signature of the                      resulting from the project, including the             educational objectives;
                                                  applicant. Faxed or photocopied                         extent to which the project will have                    (4) The likelihood of effective
                                                  signatures will not be accepted. SJI will               long-term benefits for state courts across            implementation and integration of the
                                                  not supplant state funds with these                     the nation;                                           modified curriculum into ongoing
                                                  awards.                                                    (8) The degree to which the findings,              educational programming; and,
                                                     b. Education Support Program                         procedures, training, technology, or                     (5) Expressions of interest by the
                                                  Concurrence—Form ESP–2 Judges and                       other results of the project can be                   judges and/or court personnel who
                                                  court managers applying for the                         transferred to other jurisdictions;                   would be directly involved in or
                                                  program must submit the original                           (9) The reasonableness of the                      affected by the project.
                                                  written concurrence of the chief justice                proposed budget; and,                                    b. For training assistance:
                                                  of the state’s supreme court (or the chief                 (10) The demonstration of cooperation                 (1) Whether the training would
                                                  justice’s designee) on Form ESP–2. The                  and support of other agencies that may                address a critical need of the court or
                                                  signature of the presiding judge of the                 be affected by the project.                           association;
                                                  applicant’s court may not be substituted                   b. In determining which projects to                   (2) The soundness of the training
                                                  for that of the state’s chief justice or the            support, SJI will also consider whether               approach to the problem;
                                                  chief justice’s designee. The chief                     the applicant is a state court, a national               (3) The qualifications of the trainer(s)
                                                  justice or state court administrator must               court support or education organization,              to be hired or the specific criteria that
                                                  notify SJI of the designees within the                  a non-court unit of government, or other              will be used to select the trainer(s);
                                                  state for ESP purposes.                                 type of entity eligible to receive grants                (4) The commitment of the court or
                                                                                                          under SJI’s enabling legislation (see                 association to the training program; and
                                                  4. Submission Requirements                              section II.); the availability of financial              (5) The reasonableness of the
                                                     Applications may be submitted at any                 assistance from other sources for the                 proposed budget.
                                                  time but will be reviewed on a quarterly                project; the amount of the applicant’s                   SJI will also consider factors such as
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                                                  basis. This means ESP awards will be on                 match; the extent to which the proposed               the reasonableness of the amount
                                                  a ‘‘first-come, first-considered’’ basis.               project would also benefit the federal                requested; compliance with match
                                                  The dates for applications to be received               courts or help state courts enforce                   requirements; diversity of subject
                                                  by SJI for consideration in FY 2015 are                 federal constitutional and legislative                matter, geographic diversity; the level of
                                                  November 1, February 1, May 1, and                      requirements; and the level of                        appropriations available to SJI in the
                                                  August 1. These are not mailing                         appropriations available to SJI in the                current year; and the amount expected
                                                  deadlines. The applications must be                     current year and the amount expected to               to be available in succeeding fiscal
                                                  received by SJI on or before each of                    be available in succeeding fiscal years.              years.


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                                                  66114                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  4. Partner Grants                                       fund a project is solely that of the Board            VI. Compliance Requirements
                                                     The selection criteria for Partner                   of Directors. The Chairman of the Board
                                                                                                                                                                  The State Justice Institute Act
                                                  Grants will be driven by the collective                 will sign approved awards on behalf of
                                                                                                                                                                contains limitations and conditions on
                                                  priorities of SJI and other organizations               SJI.
                                                                                                                                                                grants, contracts, and cooperative
                                                  and their collective assessments                        3. Education Support Program (ESP)                    agreements awarded by SJI. The Board
                                                  regarding the needs and capabilities of                                                                       of Directors has approved additional
                                                  court and court-related organizations.                    A committee of the Board of Directors
                                                                                                                                                                policies governing the use of SJI grant
                                                  Having settled on priorities, SJI and its               will review ESP applications quarterly.
                                                                                                                                                                funds. These statutory and policy
                                                  financial partners will likely contact the              The committee will review the
                                                                                                                                                                requirements are set forth below.
                                                  courts or court-related organizations                   applications competitively. The
                                                  most acceptable as pilots, laboratories,                Chairman of the Board will sign                       A. Recipients of Project Grants
                                                  consultants, or the like.                               approved awards on behalf of SJI.
                                                                                                                                                                1. Advocacy
                                                  5. Education Support Program (ESP)                      4. Partner Grants
                                                                                                                                                                  No funds made available by SJI may
                                                     ESP awards are only for programs that                   SJI’s internal process for the review              be used to support or conduct training
                                                  either: (1) Enhance the skills of judges                and approval of Partner Grants will                   programs for the purpose of advocating
                                                  and court managers; or (2) are part of a                depend on negotiations with fellow                    particular non-judicial public policies
                                                  graduate degree program for judges or                   financiers. SJI may use its procedures, a             or encouraging non-judicial political
                                                  court personnel. Awards are provided                    partner’s procedures, a mix of both, or               activities (42 U.S.C. 10706(b)).
                                                  on the basis of:                                        entirely unique procedures. All Partner
                                                                                                                                                                2. Approval of Key Staff
                                                     a. The date on which the application                 Grants will be approved by the Board of
                                                  and concurrence (and support letter, if                 Directors.                                              If the qualifications of an employee or
                                                  required) were sent (‘‘first-come, first-                                                                     consultant assigned to a key project staff
                                                                                                          D. Return Policy
                                                  considered’’);                                                                                                position are not described in the
                                                     b. The unavailability of state or local                Unless a specific request is made,                  application or if there is a change of a
                                                  funds, or funding from another source to                unsuccessful applications will not be                 person assigned to such a position, the
                                                  cover the costs of attending the program,               returned. Applicants are advised that SJI             recipient must submit a description of
                                                  or participating online;                                records are subject to the provisions of              the qualifications of the newly assigned
                                                     c. The absence of educational                        the Federal Freedom of Information Act,               person to SJI. Prior written approval of
                                                  programs in the applicant’s state                       5 U.S.C. 552.                                         the qualifications of the new person
                                                  addressing the topic(s) covered by the                                                                        assigned to a key staff position must be
                                                                                                          E. Notification of Board Decision
                                                  educational program for which the                                                                             received from the Institute before the
                                                  award is being sought;                                     SJI will send written notice to                    salary or consulting fee of that person
                                                     d. Geographic balance among the                      applicants concerning all Board                       and associated costs may be paid or
                                                  recipients;                                             decisions to approve, defer, or deny                  reimbursed from grant funds (see
                                                     e. The balance of ESP awards among                   their respective applications. For all                section VIII.A.7.).
                                                  educational providers and programs;                     applications (except ESP applications),
                                                     f. The balance of ESP awards among                                                                         3. Audit
                                                                                                          if requested, SJI will convey the key
                                                  the types of courts and court personnel                 issues and questions that arose during                   Recipients of project grants must
                                                  (trial judge, appellate judge, trial court              the review process. A decision by the                 provide for an annual fiscal audit which
                                                  administrator) represented; and                         Board to deny an application may not be               includes an opinion on whether the
                                                     g. The level of appropriations                       appealed, but it does not prohibit                    financial statements of the grantee
                                                  available to SJI in the current year and                resubmission of a proposal based on                   present fairly its financial position and
                                                  the amount expected to be available in                  that application in a subsequent funding              its financial operations are in
                                                  succeeding fiscal years.                                cycle.                                                accordance with generally accepted
                                                     The postmark or courier receipt will                                                                       accounting principles (see section VII.K.
                                                  be used to determine the date on which                  F. Response to Notification of Approval
                                                                                                                                                                for the requirements of such audits).
                                                  the application form and other required                    With the exception of those approved               ESP award recipients, Curriculum
                                                  items were sent.                                        for ESP awards, applicants have 30 days               Adaptation and Training Grants, and
                                                  C. Review and Approval Process                          from the date of the letter notifying                 Technical Assistance Grants are not
                                                                                                          them that the Board has approved their                required to submit an audit, but they
                                                  1. Project Grant Applications                           application to respond to any revisions               must maintain appropriate
                                                    SJI’s Board of Directors will review                  requested by the Board. If the requested              documentation to support all
                                                  the applications competitively. The                     revisions (or a reasonable schedule for               expenditures (see section VIII.K.).
                                                  Board will review all applications and                  submitting such revisions) have not                   4. Budget Revisions
                                                  decide which projects to fund. The                      been submitted to SJI within 30 days
                                                  decision to fund a project is solely that               after notification, the approval may be                  Budget revisions among direct cost
                                                  of the Board of Directors. The Chairman                 rescinded and the application presented               categories that: (a) Transfer grant funds
                                                  of the Board will sign approved awards                  to the Board for reconsideration. In the              to an unbudgeted cost category, or (b)
                                                  on behalf of SJI.                                       event an issue will only be resolved                  individually or cumulatively exceed
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                                                                                                          after award, such as the selection of a               five percent of the approved original
                                                  2. Technical Assistance (TA) and                        consultant, the final award document                  budget or the most recently approved
                                                  Curriculum Adaptation and Training                      will include a Special Condition that                 revised budget require prior SJI
                                                  (CAT) Grant Applications                                will require additional grantee reporting             approval (see section VIII.A.1.).
                                                    The Board will review the                             and SJI review and approval. Special
                                                                                                                                                                5. Conflict of Interest
                                                  applications competitively. The Board                   Conditions, in the form of incentives or
                                                  will review all applications and decide                 sanctions, may also be used in other                    Personnel and other officials
                                                  which projects to fund. The decision to                 situations.                                           connected with SJI-funded programs


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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                            66115

                                                  must adhere to the following                            to influence Executive Orders or similar              the requesting organization and
                                                  requirements:                                           promulgations by federal, state or local              approval by the Board of Directors (42
                                                    a. No official or employee of a                       agencies, or to influence the passage or              U.S.C. 10705(d)). The Board of Directors
                                                  recipient court or organization shall                   defeat of any legislation by federal, state           encourages all applicants to provide the
                                                  participate personally through decision,                or local legislative bodies (42 U.S.C.                maximum amount of cash and in-kind
                                                  approval, disapproval, recommendation,                  10706(a)).                                            match possible, even if a waiver is
                                                  the rendering of advice, investigation, or                b. It is the policy of the Board of                 approved. The amount and nature of
                                                  otherwise in any proceeding,                            Directors to award funds only to support              match are criteria in the grant selection
                                                  application, request for a ruling or other              applications submitted by organizations               process (see section V.B.1.b.).
                                                  determination, contract, grant,                         that would carry out the objectives of                  Other federal department and agency
                                                  cooperative agreement, claim,                           their applications in an unbiased                     funding may not be used for cash match.
                                                  controversy, or other particular matter                 manner. Consistent with this policy and
                                                                                                                                                                9. Nondiscrimination
                                                  in which SJI funds are used, where, to                  the provisions of 42 U.S.C. 10706, SJI
                                                  his or her knowledge, he or she or his                  will not knowingly award a grant to an                   No person may, on the basis of race,
                                                  or her immediate family, partners,                      applicant that has, directly or through               sex, national origin, disability, color, or
                                                  organization other than a public agency                 an entity that is part of the same                    creed be excluded from participation in,
                                                  in which he or she is serving as officer,               organization as the applicant, advocated              denied the benefits of, or otherwise
                                                  director, trustee, partner, or employee or              a position before Congress on the                     subjected to discrimination under any
                                                  any person or organization with whom                    specific subject matter of the                        program or activity supported by SJI
                                                  he or she is negotiating or has any                     application.                                          funds. Recipients of SJI funds must
                                                  arrangement concerning prospective                                                                            immediately take any measures
                                                                                                          8. Matching Requirements                              necessary to effectuate this provision.
                                                  employment, has a financial interest.
                                                    b. In the use of SJI project funds, an                   All grantees other than ESP award
                                                                                                                                                                10. Political Activities
                                                  official or employee of a recipient court               recipients are required to provide a
                                                                                                          match. A match is the portion of project                No recipient may contribute or make
                                                  or organization shall avoid any action
                                                                                                          costs not borne by the Institute. Match               available SJI funds, program personnel,
                                                  which might result in or create the
                                                                                                          includes both cash and in-kind                        or equipment to any political party or
                                                  appearance of:
                                                    (1) Using an official position for                    contributions. Cash match is the direct               association, or the campaign of any
                                                                                                          outlay of funds by the grantee or a third             candidate for public or party office.
                                                  private gain; or
                                                    (2) Affecting adversely the confidence                party to support the project. In-kind                 Recipients are also prohibited from
                                                  of the public in the integrity of the                   match consists of contributions of time               using funds in advocating or opposing
                                                  Institute program.                                      and/or services of current staff                      any ballot measure, initiative, or
                                                    c. Requests for proposals or                          members, new employees, space,                        referendum. Officers and employees of
                                                  invitations for bids issued by a recipient              supplies, etc., made to the project by the            recipients shall not intentionally
                                                  of Institute funds or a subgrantee or                   grantee or others (e.g., advisory board               identify SJI or recipients with any
                                                  subcontractor will provide notice to                    members) working directly on the                      partisan or nonpartisan political activity
                                                  prospective bidders that the contractors                project or that portion of the grantee’s              associated with a political party or
                                                  who develop or draft specifications,                    federally-approved indirect cost rate                 association, or the campaign of any
                                                  requirements, statements of work, and/                  that exceeds the Guideline’s limit of                 candidate for public or party office (42
                                                  or requests for proposals for a proposed                permitted charges (75 percent of salaries             U.S.C. 10706(a)).
                                                  procurement will be excluded from                       and benefits).                                        11. Products
                                                  bidding on or submitting a proposal to                     Under normal circumstances,
                                                                                                          allowable match may be incurred only                  a. Acknowledgment, Logo, and
                                                  compete for the award of such                                                                                 Disclaimer
                                                  procurement.                                            during the project period. When
                                                                                                          appropriate, and with the prior written                  (1) Recipients of SJI funds must
                                                  6. Inventions and Patents                               permission of SJI, match may be                       acknowledge prominently on all
                                                     If any patentable items, patent rights,              incurred from the date of the Board of                products developed with grant funds
                                                  processes, or inventions are produced in                Directors’ approval of an award. The                  that support was received from the SJI.
                                                  the course of SJI-sponsored work, such                  amount and nature of required match                   The ‘‘SJI’’ logo must appear on the front
                                                  fact shall be promptly and fully reported               depends on the type of grant (see                     cover of a written product, or in the
                                                  to the Institute. Unless there is a prior               section III.).                                        opening frames of a multimedia
                                                  agreement between the grantee and SJI                      The grantee is responsible for                     product, unless another placement is
                                                  on disposition of such items, SJI shall                 ensuring that the total amount of match               approved in writing by SJI. This
                                                  determine whether protection of the                     proposed is actually contributed. If a                includes final products printed or
                                                  invention or discovery shall be sought.                 proposed contribution is not fully met,               otherwise reproduced during the grant
                                                  SJI will also determine how the rights in               SJI may reduce the award amount                       period, as well as re-printings or
                                                  the invention or discovery, including                   accordingly, in order to maintain the                 reproductions of those materials
                                                  rights under any patent issued thereon,                 ratio originally provided for in the                  following the end of the grant period. A
                                                  shall be allocated and administered in                  award agreement (see section VII.E.1.).               camera-ready logo sheet is available on
                                                  order to protect the public interest                    Match should be expended at the same                  SJI’s Web site: www.sji.gov/forms.
                                                  consistent with ‘‘Government Patent                     rate as SJI funding.                                     (2) Recipients also must display the
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                                                  Policy’’ (President’s Memorandum for                       The Board of Directors looks favorably             following disclaimer on all grant
                                                  Heads of Executive Departments and                      upon any unrequired match contributed                 products: ‘‘This [document, film,
                                                  Agencies, February 18, 1983, and                        by applicants when making grant                       videotape, etc.] was developed under
                                                  statement of Government Patent Policy).                 decisions. The match requirement may                  [grant/cooperative agreement] number
                                                                                                          be waived in exceptionally rare                       SJI-[insert number] from the State
                                                  7. Lobbying                                             circumstances upon the request of the                 Justice Institute. The points of view
                                                     a. Funds awarded to recipients by SJI                chief justice of the highest court in the             expressed are those of the [author(s),
                                                  shall not be used, indirectly or directly,              state or the highest ranking official in              filmmaker(s), etc.] and do not


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                                                  66116                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  necessarily represent the official                      have been approved by SJI (see section                whether the material is in a verbatim or
                                                  position or policies of the State Justice               VII.G.).                                              extensive paraphrase format.
                                                  Institute.’’
                                                                                                          c. Copyrights                                         12. Prohibition Against Litigation
                                                    (3) In addition to other required grant                                                                     Support
                                                  products and reports, recipients must                      Except as otherwise provided in the
                                                  provide a one page executive summary                    terms and conditions of a SJI award, a                  No funds made available by SJI may
                                                  of the project. The summary should                      recipient is free to copyright any books,             be used directly or indirectly to support
                                                  include a background on the project, the                publications, or other copyrightable                  legal assistance to parties in litigation,
                                                  tasks undertaken, and the outcome. In                   materials developed in the course of a                including cases involving capital
                                                  addition, the summary should provide                    SJI-supported project, but SJI shall                  punishment.
                                                  the performance metrics that were used                  reserve a royalty-free, nonexclusive and              13. Reporting Requirements
                                                  during the project, and how                             irrevocable right to reproduce, publish,
                                                                                                          or otherwise use, and to authorize                      a. Recipients of SJI funds other than
                                                  performance will be measured in the                                                                           ESP awards must submit Quarterly
                                                  future.                                                 others to use, the materials for purposes
                                                                                                          consistent with the State Justice                     Progress and Financial Status Reports
                                                  b. Charges for Grant-Related Products/                  Institute Act.                                        within 30 days of the close of each
                                                  Recovery of Costs                                                                                             calendar quarter (that is, no later than
                                                                                                          d. Due Date                                           January 30, April 30, July 30, and
                                                     (1) SJI’s mission is to support                                                                            October 30). The Quarterly Progress
                                                  improvements in the quality of justice                     All products and, for TA and CAT
                                                                                                          grants, consultant and/or trainer reports             Reports shall include a narrative
                                                  and foster innovative, efficient solutions                                                                    description of project activities during
                                                  to common issues faced by all courts.                   (see section VI.B.1 & 2) are to be
                                                                                                          completed and distributed (see below)                 the calendar quarter, the relationship
                                                  SJI has recognized and established                                                                            between those activities and the task
                                                  procedures for supporting research and                  not later than the end of the award
                                                                                                          period, not the 90-day close out period.              schedule and objectives set forth in the
                                                  development of grant products (e.g. a                                                                         approved application or an approved
                                                  report, curriculum, video, software,                    The latter is only intended for grantee
                                                                                                          final reporting and to liquidate                      adjustment thereto, any significant
                                                  database, or Web site) through                                                                                problem areas that have developed and
                                                  competitive grant awards based on merit                 obligations (see section VII.L.).
                                                                                                                                                                how they will be resolved, and the
                                                  review of proposed projects. To ensure                  e. Distribution                                       activities scheduled during the next
                                                  that all grants benefit the entire court                                                                      reporting period. Failure to comply with
                                                                                                            In addition to the distribution
                                                  community, projects SJI considers                                                                             the requirements of this provision could
                                                                                                          specified in the grant application,
                                                  worthy of support (in whole or in part),                                                                      result in the termination of a grantee’s
                                                                                                          grantees shall send:
                                                  are required to be disseminated widely                                                                        award.
                                                                                                            (1) Three (3) copies of each final
                                                  and available for public consumption.                                                                           b. The quarterly Financial Status
                                                                                                          product developed with grant funds to
                                                  This includes open-source software and                                                                        Report must be submitted in accordance
                                                                                                          SJI, unless the product was developed
                                                  interfaces. Costs for development,                                                                            with section VII.H.2. of this Guideline.
                                                                                                          under either a Technical Assistance or
                                                  production, and dissemination are                                                                             A final project Progress Report and
                                                                                                          a Curriculum Adaptation and Training
                                                  allowable as direct costs to SJI.                                                                             Financial Status Report shall be
                                                                                                          Grant, in which case submission of 2
                                                     (2) Applicants should disclose their                 copies is required; and                               submitted within 90 days after the end
                                                  intent to sell grant-related products in                  (2) An electronic version of the                    of the grant period in accordance with
                                                  the application. Grantees must obtain                   product in HTML or PDF format to SJI.                 section VII.L.1. of this Guideline.
                                                  SJI’s prior written approval of their
                                                  plans to recover project costs through                  f. SJI Approval                                       14. Research
                                                  the sale of grant products. Written                       No grant funds may be obligated for                 a. Availability of Research Data for
                                                  requests to recover costs ordinarily                    publication or reproduction of a final                Secondary Analysis
                                                  should be received during the grant                     product developed with grant funds                       Upon request, grantees must make
                                                  period and should specify the nature                    without the written approval of SJI.                  available for secondary analysis backup
                                                  and extent of the costs to be recouped,                 Grantees shall submit a final draft of                files containing research and evaluation
                                                  the reason that such costs were not                     each written product to SJI for review                data collected under an SJI grant and the
                                                  budgeted (if the rationale was not                      and approval. The draft must be                       accompanying code manual. Grantees
                                                  disclosed in the approved application),                 submitted at least 30 days before the                 may recover the actual cost of
                                                  the number of copies to be sold, the                    product is scheduled to be sent for                   duplicating and mailing or otherwise
                                                  intended audience for the products to be                publication or reproduction to permit                 transmitting the data set and manual
                                                  sold, and the proposed sale price. If the               SJI review and incorporation of any                   from the person or organization
                                                  product is to be sold for more than $25,                appropriate changes required by SJI.                  requesting the data. Grantees may
                                                  the written request also should include                 Grantees must provide for timely                      provide the requested data set in the
                                                  a detailed itemization of costs that will               reviews by the SJI of Web site or other               format in which it was created and
                                                  be recovered and a certification that the               multimedia products at the treatment,                 analyzed.
                                                  costs were not supported by either SJI                  script, rough cut, and final stages of
                                                  grant funds or grantee matching                                                                               b. Confidentiality of Information
                                                                                                          development or their equivalents.
                                                  contributions.                                                                                                   Except as provided by federal law
                                                                                                          g. Original Material
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                                                     (3) In the event that the sale of grant                                                                    other than the State Justice Institute Act,
                                                  products results in revenues that exceed                  All products prepared as the result of              no recipient of financial assistance from
                                                  the costs to develop, produce, and                      SJI-supported projects must be                        SJI may use or reveal any research or
                                                  disseminate the product, the revenue                    originally-developed material unless                  statistical information furnished under
                                                  must continue to be used for the                        otherwise specified in the award                      the Act by any person and identifiable
                                                  authorized purposes of SJI-funded                       documents. Material not originally                    to any specific private person for any
                                                  project or other purposes consistent                    developed that is included in such                    purpose other than the purpose for
                                                  with the State Justice Institute Act that               products must be properly identified,                 which the information was obtained.


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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                           66117

                                                  Such information and copies thereof                     17. Suspension or Termination of                      experience of those selected as faculty,
                                                  shall be immune from legal process, and                 Funding                                               developed under the grant at the
                                                  shall not, without the consent of the                     After providing a recipient reasonable              conclusion of the grant period, along
                                                  person furnishing such information, be                  notice and opportunity to submit                      with a final report that includes any
                                                  admitted as evidence or used for any                    written documentation demonstrating                   evaluation results and explains how the
                                                  purpose in any action, suit, or other                   why fund termination or suspension                    grantee intends to present the
                                                  judicial, legislative, or administrative                should not occur, SJI may terminate or                educational program in the future, as
                                                  proceedings.                                            suspend funding of a project that fails               well as two copies of the consultant’s or
                                                                                                          to comply substantially with the Act,                 trainer’s report.
                                                  c. Human Subject Protection
                                                                                                          the Guideline, or the terms and                       C. Education Support Program (ESP)
                                                     Human subjects are defined as                        conditions of the award (42 U.S.C.                    Recipients
                                                  individuals who are participants in an                  10708(a)).
                                                  experimental procedure or who are                                                                                1. ESP award recipients are
                                                  asked to provide information about                      18. Title to Property                                 responsible for disseminating the
                                                  themselves, their attitudes, feelings,                     At the conclusion of the project, title            information received from the course to
                                                  opinions, and/or experiences through an                 to all expendable and nonexpendable                   their court colleagues locally and, if
                                                  interview, questionnaire, or other data                 personal property purchased with SJI                  possible, throughout the state
                                                  collection technique. All research                      funds shall vest in the recipient court,                 Recipients also must submit to SJI a
                                                  involving human subjects shall be                       organization, or individual that                      certificate of attendance from the
                                                  conducted with the informed consent of                  purchased the property if certification is            program and a copy of the notice of any
                                                  those subjects and in a manner that will                made to and approved by SJI that the                  funding received from other sources. A
                                                  ensure their privacy and freedom from                   property will continue to be used for the             state or local jurisdiction may impose
                                                  risk or harm and the protection of                      authorized purposes of the SJI-funded                 additional requirements on ESP award
                                                  persons who are not subjects of the                     project or other purposes consistent                  recipients.
                                                  research but would be affected by it,                   with the State Justice Institute Act. If                 2. To receive the funds authorized by
                                                  unless such procedures and safeguards                   such certification is not made or SJI                 an ESP award, recipients must submit
                                                  would make the research impractical. In                 disapproves such certification, title to              an ESP Payment Request (Form ESP–3)
                                                  such instances, SJI must approve                        all such property with an aggregate or                together with a paid tuition statement
                                                  procedures designed by the grantee to                   individual value of $1,000 or more shall              from the program sponsor.
                                                                                                          vest in SJI, which will direct the                       ESP Payment Requests must be
                                                  provide human subjects with relevant
                                                                                                          disposition of the property.                          submitted within 90 days after the end
                                                  information about the research after
                                                                                                                                                                of the course, which the recipient
                                                  their involvement and to minimize or                    B. Recipients of Technical Assistance                 attended.
                                                  eliminate risk or harm to those subjects                (TA) and Curriculum Adaptation and                       3. ESP recipients are encouraged to
                                                  due to their participation.                             Training (CAT) Grants                                 check with their tax advisors to
                                                  15. State and Local Court Applications                     Recipients of TA and CAT Grants                    determine whether an award constitutes
                                                                                                          must comply with the requirements                     taxable income under federal and state
                                                    Each application for funding from a
                                                                                                          listed in section VI.A. (except the                   law.
                                                  state or local court must be approved,
                                                  consistent with state law, by the state                 requirements pertaining to audits in                  D. Partner Grants
                                                  supreme court, or its designated agency                 subsection A.3. above and product
                                                                                                          dissemination and approval in                            The compliance requirements for
                                                  or council. The supreme court or its                                                                          Partner Grant recipients will depend
                                                  designee shall receive, administer, and                 subsection A.11.e. and f. above) and the
                                                                                                          reporting requirements below:                         upon the agreements struck between the
                                                  be accountable for all funds awarded on                                                                       grant financiers and between lead
                                                  the basis of such an application (42                    1. Technical Assistance (TA) Grant                    financiers and grantees. Should SJI be
                                                  U.S.C. 10705(b)(4)). See section VII.C.2.               Reporting Requirements                                the lead, the compliance requirements
                                                  16. Supplantation and Construction                         Recipients of TA Grants must submit                for Project Grants will apply, unless
                                                                                                          to SJI one copy of a final report that                specific arrangements are determined by
                                                     To ensure that SJI funds are used to                 explains how it intends to act on the                 the Partners.
                                                  supplement and improve the operation                    consultant’s recommendations, as well
                                                  of state courts, rather than to support                                                                       VII. Financial Requirements
                                                                                                          as two copies of the consultant’s written
                                                  basic court services, SJI funds shall not               report.                                               A. Purpose
                                                  be used for the following purposes:
                                                                                                          2. Curriculum Adaptation and Training                   The purpose of this section is to
                                                     a. To supplant state or local funds
                                                                                                          (CAT) Grant Reporting Requirements                    establish accounting system
                                                  supporting a program or activity (such
                                                                                                                                                                requirements and offer guidance on
                                                  as paying the salary of court employees                    Recipients of CAT Grants must submit               procedures to assist all grantees, sub-
                                                  who would be performing their normal                    one copy of the agenda or schedule,                   grantees, contractors, and other
                                                  duties as part of the project, or paying                outline of presentations and/or relevant              organizations in:
                                                  rent for space which is part of the                     instructor’s notes, copies of overhead                  1. Complying with the statutory
                                                  court’s normal operations);                             transparencies, power point                           requirements for the award,
                                                     b. To construct court facilities or                  presentations, or other visual aids,                  disbursement, and accounting of funds;
                                                  structures, except to remodel existing
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                                                                                                          exercises, case studies and other                       2. Complying with regulatory
                                                  facilities or to demonstrate new                        background materials, hypotheticals,                  requirements of SJI for the financial
                                                  architectural or technological                          quizzes, and other materials involving                management and disposition of funds;
                                                  techniques, or to provide temporary                     the participants, manuals, handbooks,                   3. Generating financial data to be used
                                                  facilities for new personnel or for                     conference packets, evaluation forms,                 in planning, managing, and controlling
                                                  personnel involved in a demonstration                   and suggestions for replicating the                   projects; and
                                                  or experimental program; or                             program, including possible faculty or                  4. Facilitating an effective audit of
                                                     c. Solely to purchase equipment.                     the preferred qualifications or                       funded programs and projects.


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                                                  66118                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  B. References                                              (1) Reviewing Financial Operations.                   3. Presents and classifies historical
                                                    Except where inconsistent with                        The state supreme court or its designee               costs of the grant as required for
                                                  specific provisions of this Grant                       should be familiar with, and                          budgetary and evaluation purposes;
                                                  Guideline, the following circulars are                  periodically monitor, its sub-grantee’s                  4. Provides cost and property controls
                                                  applicable to SJI grants and cooperative                financial operations, records system,                 to assure optimal use of grant funds;
                                                  agreements under the same terms and                     and procedures. Particular attention                     5. Is integrated with a system of
                                                  conditions that apply to federal                        should be directed to the maintenance                 internal controls adequate to safeguard
                                                  grantees. The circulars supplement the                  of current financial data.                            the funds and assets covered, check the
                                                  requirements of this section for                           (2) Recording Financial Activities.                accuracy and reliability of the
                                                  accounting systems and financial                        The sub-grantee’s grant award or                      accounting data, promote operational
                                                  record-keeping and provide additional                   contract obligation, as well as cash                  efficiency, and assure conformance with
                                                  guidance on how these requirements                      advances and other financial activities,              any general or special conditions of the
                                                  may be satisfied (circulars may be                      should be recorded in the financial                   grant;
                                                  obtained on the OMB Web site at                         records of the state supreme court or its
                                                                                                                                                                   6. Meets the prescribed requirements
                                                  www.whitehouse.gov/omb).                                designee in summary form. Sub-grantee
                                                                                                                                                                for periodic financial reporting of
                                                                                                          expenditures should be recorded on the
                                                    1. Office of Management and Budget                                                                          operations; and
                                                                                                          books of the state supreme court or
                                                  (OMB) Circular A–21, Cost Principles                                                                             7. Provides financial data for
                                                                                                          evidenced by report forms duly filed by
                                                  for Educational Institutions.                                                                                 planning, control, measurement, and
                                                                                                          the sub-grantee. Matching contributions
                                                    2. Office of Management and Budget                                                                          evaluation of direct and indirect costs.
                                                                                                          provided by sub-grantees should
                                                  (OMB) Circular A–87, Cost Principles
                                                                                                          likewise be recorded, as should any                   E. Total Cost Budgeting and Accounting
                                                  for State and Local Governments.
                                                                                                          project income resulting from program
                                                    3. Office of Management and Budget                    operations.                                              Accounting for all funds awarded by
                                                  (OMB) Circular A–102, Uniform                                                                                 SJI must be structured and executed on
                                                  Administrative Requirements for                            (3) Budgeting and Budget Review. The
                                                                                                          state supreme court or its designee                   a ‘‘Total Project Cost’’ basis. That is,
                                                  Grants-in-Aid to State and Local                                                                              total project costs, including SJI funds,
                                                  Governments.                                            should ensure that each sub-grantee
                                                                                                          prepares an adequate budget as the basis              state and local matching shares, and any
                                                    4. Office of Management and Budget                                                                          other fund sources included in the
                                                  (OMB) Circular A–110, Grants and                        for its award commitment. The state
                                                                                                          supreme court should maintain the                     approved project budget serve as the
                                                  Agreements with Institutions of Higher                                                                        foundation for fiscal administration and
                                                  Education, Hospitals and Other Non-                     details of each project budget on file.
                                                                                                                                                                accounting. Grant applications and
                                                  Profit Organizations.                                      (4) Accounting for Match. The state
                                                                                                                                                                financial reports require budget and cost
                                                    5. Office of Management and Budget                    supreme court or its designee will
                                                                                                                                                                estimates on the basis of total costs.
                                                  (OMB) Circular A–122, Cost Principles                   ensure that sub-grantees comply with
                                                  for Non-profit Organizations.                           the match requirements specified in this              1. Timing of Matching Contributions
                                                    6. Office of Management and Budget                    Grant Guideline (see section VI.A.8.).
                                                                                                                                                                  Matching contributions should be
                                                  (OMB) Circular A–133, Audits of States,                    (5) Audit Requirement. The state                   applied at the same time as the
                                                  Local Governments and Non-profit                        supreme court or its designee is                      obligation of SJI funds. Ordinarily, the
                                                  Organizations.                                          required to ensure that sub-grantees                  full matching share must be obligated
                                                                                                          meet the necessary audit requirements                 during the award period; however, with
                                                  C. Supervision and Monitoring                           set forth by SJI (see sections K. below
                                                  Responsibilities                                                                                              the written permission of SJI,
                                                                                                          and VI.A.3.).                                         contributions made following approval
                                                  1. Grantee Responsibilities                                (6) Reporting Irregularities. The state            of the grant by the Board of Directors,
                                                     All grantees receiving awards from SJI               supreme court, its designees, and its                 but before the beginning of the grant,
                                                  are responsible for the management and                  sub-grantees are responsible for                      may be counted as match. If a proposed
                                                  fiscal control of all funds.                            promptly reporting to SJI the nature and              cash or in-kind match is not fully met,
                                                  Responsibilities include accounting for                 circumstances surrounding any                         SJI may reduce the award amount
                                                  receipts and expenditures, maintaining                  financial irregularities discovered.                  accordingly to maintain the ratio of
                                                  adequate financial records, and                         D. Accounting System                                  grant funds to matching funds stated in
                                                  refunding expenditures disallowed by                                                                          the award agreement.
                                                  audits.                                                   The grantee is responsible for
                                                                                                          establishing and maintaining an                       2. Records for Match
                                                  2. Responsibilities of the State Supreme                adequate system of accounting and                       All grantees must maintain records
                                                  Court                                                   internal controls and for ensuring that               that clearly show the source, amount,
                                                     a. Each application for funding from                 an adequate system exists for each of its             and timing of all matching
                                                  a state or local court must be approved,                sub-grantees and contractors. An                      contributions. In addition, if a project
                                                  consistent with state law, by the state                 acceptable and adequate accounting                    has included, within its approved
                                                  supreme court, or its designated agency                 system:                                               budget, contributions which exceed the
                                                  or council.                                               1. Properly accounts for receipt of                 required matching portion, the grantee
                                                     b. The state supreme court or its                    funds under each grant awarded and the                must maintain records of those
                                                                                                          expenditure of funds for each grant by
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                                                  designee shall receive all SJI funds                                                                          contributions in the same manner as it
                                                  awarded to such courts; be responsible                  category of expenditure (including                    does SJI funds and required matching
                                                  for assuring proper administration of SJI               matching contributions and project                    shares. For all grants made to state and
                                                  funds; and be responsible for all aspects               income);                                              local courts, the state supreme court has
                                                  of the project, including proper                          2. Assures that expended funds are                  primary responsibility for grantee/sub-
                                                  accounting and financial record-keeping                 applied to the appropriate budget                     grantee compliance with the
                                                  by the subgrantee. These responsibilities               category included within the approved                 requirements of this section (see
                                                  include:                                                grant;                                                subsection C.2. above).


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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                            66119

                                                  F. Maintenance and Retention of                         below). The policies governing the                    H. Payments and Financial Reporting
                                                  Records                                                 disposition of the various types of                   Requirements
                                                    All financial records, including                      project-related income are listed below.              1. Payment of Grant Funds
                                                  supporting documents, statistical                       1. Interest                                              The procedures and regulations set
                                                  records, and all other information
                                                                                                                                                                forth below are applicable to all SJI
                                                  pertinent to grants, sub-grants,                          A state and any agency or                           grant funds and grantees.
                                                  cooperative agreements, or contracts                    instrumentality of a state, including                    a. Request for Reimbursement of
                                                  under grants, must be retained by each                  institutions of higher education and                  Funds. Grantees will receive funds on a
                                                  organization participating in a project                 hospitals, shall not be held accountable              U.S. Treasury ‘‘check-issued’’ or
                                                  for at least three years for purposes of                for interest earned on advances of                    electronic funds transfer (EFT) basis.
                                                  examination and audit. State supreme                    project funds. When funds are awarded                 Upon receipt, review, and approval of a
                                                  courts may impose record retention and                  to sub-grantees through a state, the sub-             Request for Reimbursement (Form R) by
                                                  maintenance requirements in addition                    grantees are not held accountable for                 SJI, payment will be issued directly to
                                                  to those prescribed in this section.                                                                          the grantee or its designated fiscal agent.
                                                                                                          interest earned on advances of project
                                                  1. Coverage                                             funds. Local units of government and                  The Form R, along with the instructions
                                                     The retention requirement extends to                 nonprofit organizations that are grantees             for its preparation, and the SF 3881
                                                  books of original entry, source                         must refund any interest earned.                      Automated Clearing House (ACH/
                                                  documents supporting accounting                         Grantees shall ensure minimum                         Miscellaneous Payment Enrollment
                                                  transactions, the general ledger,                       balances in their respective grant cash               Form for EFT) are available on the
                                                  subsidiary ledgers, personnel and                       accounts.                                             Institute’s Web site: www.sji.gov/forms.
                                                                                                                                                                   b. Principle of Minimum Cash on
                                                  payroll records, canceled checks, and
                                                                                                          2. Royalties                                          Hand. Grantees should request funds
                                                  related documents and records. Source
                                                                                                                                                                based upon immediate disbursement
                                                  documents include copies of all grant                     The grantee/sub-grantee may retain all              requirements. Grantees should time
                                                  and sub-grant awards, applications, and                 royalties received from copyrights or                 their requests to ensure that cash on
                                                  required grantee/sub-grantee financial                  other works developed under projects or               hand is the minimum needed for
                                                  and narrative reports. Personnel and                    from patents and inventions, unless the               disbursements to be made immediately
                                                  payroll records shall include the time                  terms and conditions of the grant                     or within a few days.
                                                  and attendance reports for all                          provide otherwise.
                                                  individuals reimbursed under a grant,                                                                         2. Financial Reporting
                                                  sub-grant or contract, whether they are                 3. Registration and Tuition Fees                         a. General Requirements. To obtain
                                                  employed full-time or part-time. Time                                                                         financial information concerning the
                                                  and effort reports are required for                       Registration and tuition fees may be
                                                                                                                                                                use of funds, the Institute requires that
                                                  consultants.                                            considered as cash match with prior                   grantees/sub-grantees submit timely
                                                                                                          written approval from SJI. Estimates of               reports for review.
                                                  2. Retention Period                                     registration and tuition fees, and any                   b. Due Dates and Contents. A
                                                     The three-year retention period starts               expenses to be offset by the fees, should             Financial Status Report is required from
                                                  from the date of the submission of the                  be included in the application budget                 all grantees, other than ESP award
                                                  final expenditure report.                               forms and narrative.                                  recipients, for each active quarter on a
                                                  3. Maintenance                                          4. Income From the Sale of Grant                      calendar-quarter basis. This report is
                                                                                                                                                                due within 30 days after the close of the
                                                     Grantees and sub-grantees are                        Products
                                                                                                                                                                calendar quarter. It is designed to
                                                  expected to see that records of different
                                                                                                             If the sale of products occurs during              provide financial information relating to
                                                  fiscal years are separately identified and
                                                                                                          the project period, the income may be                 SJI funds, state and local matching
                                                  maintained so that requested
                                                                                                          treated as cash match with the prior                  shares, project income, and any other
                                                  information can be readily located.
                                                                                                          written approval of SJI. The costs and                sources of funds for the project, as well
                                                  Grantees and sub-grantees are also
                                                                                                          income generated by the sales must be                 as information on obligations and
                                                  obligated to protect records adequately
                                                                                                          reported on the Quarterly Financial                   outlays. A copy of the Financial Status
                                                  against fire or other damage. When
                                                                                                          Status Reports (Form F) and                           Report (Form F), along with
                                                  records are stored away from the
                                                                                                                                                                instructions, are provided at
                                                  grantee’s/sub-grantee’s principal office,               documented in an auditable manner.
                                                                                                                                                                www.sji.gov/forms. If a grantee requests
                                                  a written index of the location of stored               Whenever possible, the intent to sell a
                                                                                                                                                                substantial payments for a project prior
                                                  records should be on hand, and ready                    product should be disclosed in the                    to the completion of a given quarter, SJI
                                                  access should be assured.                               application or reported to SJI in writing             may request a brief summary of the
                                                  4. Access                                               once a decision to sell products has                  amount requested, by object class, to
                                                                                                          been made. The grantee must request                   support the Request for Reimbursement.
                                                     Grantees and sub-grantees must give
                                                                                                          approval to recover its product
                                                  any authorized representative of SJI                                                                          3. Consequences of Non-Compliance
                                                                                                          development, reproduction, and
                                                  access to and the right to examine all                                                                        With Submission Requirement
                                                                                                          dissemination costs as specified in
                                                  records, books, papers, and documents
                                                                                                          section VI.A.11.b.                                       Failure of the grantee to submit
                                                  related to an SJI grant.
                                                                                                                                                                required financial and progress reports
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                                                  G. Project-Related Income                               5. Other                                              may result in suspension or termination
                                                    Records of the receipt and disposition                  Other project income shall be treated               of grant payments.
                                                  of project-related income must be                       in accordance with disposition                        I. Allowability of Costs
                                                  maintained by the grantee in the same                   instructions set forth in the grant’s terms
                                                  manner as required for the project funds                                                                      1. General
                                                                                                          and conditions.
                                                  that gave rise to the income and must be                                                                         Except as may be otherwise provided
                                                  reported to SJI (see subsection H.2.                                                                          in the conditions of a particular grant,


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                                                  66120                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  cost allowability is determined in                      maintaining facilities, depreciation, and             funded by the Institute. Audits
                                                  accordance with the principles set forth                administrative salaries are examples of               conducted in accordance with the
                                                  in OMB Circulars A–21, Cost Principles                  the types of costs that are usually                   Single Audit Act of 1984 and OMB
                                                  Applicable to Grants and Contracts with                 treated as indirect costs. Although SJI’s             Circular A–133, will satisfy the
                                                  Educational Institutions; A–87, Cost                    policy requires all costs to be budgeted              requirement for an annual fiscal audit.
                                                  Principles for State and Local                          directly, it will accept indirect costs if            The audit must be conducted by an
                                                  Governments; and A–122, Cost                            a grantee has an indirect cost rate                   independent Certified Public
                                                  Principles for Non-profit Organizations.                approved by a federal agency. However,                Accountant, or a state or local agency
                                                     No costs may be recovered to                         recoverable indirect costs are limited to             authorized to audit government
                                                  liquidate obligations incurred after the                no more than 75 percent of a grantee’s                agencies. Grantees must send two copies
                                                  approved grant period. Circulars may be                 direct personnel costs (salaries plus                 of the audit report to the Institute.
                                                  obtained on the OMB Web site at http://                 fringe benefits).                                     Grantees that receive funds from a
                                                  www.whitehouse.gov/omb.                                                                                       federal agency and satisfy audit
                                                                                                          a. Approved Plan Available
                                                  2. Costs Requiring Prior Approval                                                                             requirements of that federal agency
                                                                                                             (1) A copy of an indirect cost rate                must submit two copies of the audit
                                                     a. Pre-agreement Costs. The written                  agreement or allocation plan approved                 report prepared for that federal agency
                                                  prior approval of SJI is required for costs             for a grantee during the preceding two                to SJI in order to satisfy the provisions
                                                  considered necessary but which occur                    years by any federal granting agency on               of this section.
                                                  prior to the start date of the project                  the basis of allocation methods
                                                  period.                                                 substantially in accord with those set                2. Resolution and Clearance of Audit
                                                     b. Equipment. Grant funds may be                     forth in the applicable cost circulars                Reports
                                                  used to purchase or lease only that                     must be submitted to SJI.                               Timely action on recommendations
                                                  equipment essential to accomplishing                       (2) Where flat rates are accepted in               by responsible management officials is
                                                  the goals and objectives of the project.                lieu of actual indirect costs, grantees               an integral part of the effectiveness of an
                                                  The written prior approval of SJI is                    may not also charge expenses normally                 audit. Each grantee must have policies
                                                  required when the amount of automated                   included in overhead pools, e.g.,                     and procedures for acting on audit
                                                  data processing (ADP) equipment to be                   accounting services, legal services,                  recommendations by designating
                                                  purchased or leased exceeds $10,000 or                  building occupancy and maintenance,                   officials responsible for: (1) Follow-up,
                                                  software to be purchased exceeds                        etc., as direct costs.                                (2) maintaining a record of the actions
                                                  $3,000.                                                                                                       taken on recommendations and time
                                                     c. Consultants. The written prior                    J. Procurement and Property
                                                                                                          Management Standards                                  schedules, (3) responding to and acting
                                                  approval of SJI is required when the rate                                                                     on audit recommendations, and (4)
                                                  of compensation to be paid a consultant                 1. Procurement Standards                              submitting periodic reports to SJI on
                                                  exceeds $800 a day. SJI funds may not                      For state and local governments, SJI               recommendations and actions taken.
                                                  be used to pay a consultant more than                   has adopted the standards set forth in
                                                  $1,100 per day.                                                                                               3. Consequences of Non-Resolution of
                                                                                                          Attachment O of OMB Circular A–102.                   Audit Issues
                                                     d. Budget Revisions. Budget revisions
                                                                                                          Institutions of higher education,
                                                  among direct cost categories that (i)                                                                           Ordinarily, SJI will not make a
                                                                                                          hospitals, and other non-profit
                                                  transfer grant funds to an unbudgeted                                                                         subsequent grant award to an applicant
                                                                                                          organizations will be governed by the
                                                  cost category or (ii) individually or                                                                         that has an unresolved audit report
                                                                                                          standards set forth in Attachment O of
                                                  cumulatively exceed five percent (5%)                                                                         involving SJI awards. Failure of the
                                                                                                          OMB Circular A–110.
                                                  of the approved original budget or the                                                                        grantee to resolve audit questions may
                                                  most recently approved revised budget                   2. Property Management Standards                      also result in the suspension or
                                                  require prior SJI approval (see section                    The property management standards                  termination of payments for active SJI
                                                  VIII.A.1.).                                             as prescribed in Attachment N of OMB                  grants to that organization.
                                                  3. Travel Costs                                         Circulars A–102 and A–110 apply to all                L. Close-Out of Grants
                                                                                                          SJI grantees and sub-grantees except as
                                                     Transportation and per diem rates                                                                          1. Grantee Close-Out Requirements
                                                                                                          provided in section VI.A.18. All
                                                  must comply with the policies of the
                                                                                                          grantees/sub-grantees are required to be                 Within 90 days after the end date of
                                                  grantee. If the grantee does not have an
                                                                                                          prudent in the acquisition and                        the grant or any approved extension
                                                  established written travel policy, then
                                                                                                          management of property with grant                     thereof (see subsection L.2. below), the
                                                  travel rates must be consistent with
                                                                                                          funds. If suitable property required for              following documents must be submitted
                                                  those established by the federal
                                                                                                          the successful execution of projects is               to SJI by grantees (other than ESP award
                                                  government. SJI funds may not be used
                                                                                                          already available within the grantee or               recipients):
                                                  to cover the transportation or per diem
                                                                                                          subgrantee organization, expenditures of                 a. Financial Status Report. The final
                                                  costs of a member of a national
                                                                                                          grant funds for the acquisition of new                report of expenditures must have no
                                                  organization to attend an annual or
                                                                                                          property will be considered                           unliquidated obligations and must
                                                  other regular meeting, or conference of
                                                                                                          unnecessary.                                          indicate the exact balance of
                                                  that organization.
                                                                                                          K. Audit Requirements                                 unobligated funds. Any unobligated/
                                                  4. Indirect Costs                                                                                             unexpended funds will be deobligated
                                                                                                          1. Implementation
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                                                     Indirect costs are only applicable to                                                                      from the award by SJI. Final payment
                                                  organizations that are not state courts or                 Each recipient of a Project Grant must             requests for obligations incurred during
                                                  government agencies. These are costs of                 provide for an annual fiscal audit. This              the award period must be submitted to
                                                  an organization that are not readily                    requirement also applies to a state or                the Institute prior to the end of the 90-
                                                  assignable to a particular project but are              local court receiving a sub-grant from                day close-out period. Grantees who have
                                                  necessary to the operation of the                       the state supreme court. The audit may                drawn down funds in excess of their
                                                  organization and the performance of the                 be of the entire grantee or sub-grantee               obligations/expenditures, must return
                                                  project. The cost of operating and                      organization or of the specific project               any unused funds as soon as it is


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                                                                            Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices                                           66121

                                                  determined that the funds are not                         2. A change in the scope of work to                 objectives with subsequent notification
                                                  required. In no instance should any                     be performed or the objectives of the                 to SJI.
                                                  unused funds remain with the grantee                    project (see subsection D. below).
                                                                                                                                                                E. Date Changes
                                                  beyond the submission date of the final                   3. A change in the project site.
                                                  Financial Status Report.                                  4. A change in the project period,                     A request to change or extend the
                                                    b. Final Progress Report. This report                 such as an extension of the grant period              grant period must be made at least 30
                                                  should describe the project activities                  and/or extension of the final financial or            days in advance of the end date of the
                                                  during the final calendar quarter of the                progress report deadline (see subsection              grant. A revised task plan should
                                                  project and the close-out period,                       E. below).                                            accompany a request for an extension of
                                                  including to whom project products                        5. Satisfaction of special conditions, if           the grant period, along with a revised
                                                  have been disseminated; provide a                       required.                                             budget if shifts among budget categories
                                                  summary of activities during the entire                   6. A change in or temporary absence                 will be needed. A request to change or
                                                  project; specify whether all the                        of the project director (see subsections              extend the deadline for the final
                                                  objectives set forth in the approved                    F. and G. below).                                     financial report or final progress report
                                                  application or an approved adjustment                     7. The assignment of an employee or                 must be made at least 14 days in
                                                  have been met and, if any of the                        consultant to a key staff position whose              advance of the report deadline (see
                                                  objectives have not been met, explain                   qualifications were not described in the              section VII.L.2.).
                                                  why not; and discuss what, if anything,                 application, or a change of a person                  F. Temporary Absence of the Project
                                                  could have been done differently that                   assigned to a key project staff position              Director
                                                  might have enhanced the impact of the                   (see section VI.A.2.).
                                                                                                            8. A change in or temporary absence                   Whenever an absence of the project
                                                  project or improved its operation. These
                                                                                                          of the person responsible for managing                director is expected to exceed a
                                                  reporting requirements apply at the
                                                                                                          and reporting on the grant’s finances.                continuous period of one month, the
                                                  conclusion of every grant other than an
                                                                                                            9. A change in the name of the grantee              plans for the conduct of the project
                                                  ESP award.
                                                                                                          organization.                                         director’s duties during such absence
                                                  2. Extension of Close-Out Period                          10. A transfer or contracting out of                must be approved in advance by the
                                                                                                          grant-supported activities (see                       Institute. This information must be
                                                    Upon the written request of the
                                                                                                          subsection H. below).                                 provided in a letter signed by an
                                                  grantee, SJI may extend the close-out
                                                                                                            11. A transfer of the grant to another              authorized representative of the grantee/
                                                  period to assure completion of the
                                                                                                          recipient.                                            sub-grantee at least 30 days before the
                                                  grantee’s close-out requirements.
                                                                                                            12. Pre-agreement costs (see section                departure of the project director, or as
                                                  Requests for an extension must be
                                                                                                          VII.I.2.a.).                                          soon as it is known that the project
                                                  submitted at least 14 days before the
                                                                                                            13. The purchase of automated data                  director will be absent. The grant may
                                                  end of the close-out period and must
                                                                                                          processing equipment and software (see                be terminated if arrangements are not
                                                  explain why the extension is necessary
                                                                                                          section VII.I.2.b.).                                  approved in advance by SJI.
                                                  and what steps will be taken to assure
                                                                                                            14. Consultant rates (see section
                                                  that all the grantee’s responsibilities                                                                       G. Withdrawal of/Change in Project
                                                                                                          VII.I.2.c.).
                                                  will be met by the end of the extension                                                                       Director
                                                                                                            15. A change in the nature or number
                                                  period                                                                                                          If the project director relinquishes or
                                                                                                          of the products to be prepared or the
                                                  VIII. Grant Adjustments                                 manner in which a product would be                    expects to relinquish active direction of
                                                                                                          distributed.                                          the project, SJI must be notified
                                                     All requests for programmatic or                                                                           immediately. In such cases, if the
                                                  budgetary adjustments requiring                         B. Requests for Grant Adjustments                     grantee/sub-grantee wishes to terminate
                                                  Institute approval must be submitted by                   All grantees must promptly notify SJI,              the project, SJI will forward procedural
                                                  the project director in a timely manner                 in writing, of events or proposed                     instructions upon notification of such
                                                  (ordinarily 30 days prior to the                        changes that may require adjustments to               intent. If the grantee wishes to continue
                                                  implementation of the adjustment being                  the approved project design. In                       the project under the direction of
                                                  requested). All requests for changes                    requesting an adjustment, the grantee                 another individual, a statement of the
                                                  from the approved application will be                   must set forth the reasons and basis for              candidate’s qualifications should be
                                                  carefully reviewed for both consistency                 the proposed adjustment and any other                 sent to SJI for review and approval. The
                                                  with this Grant Guideline and the                       information the program manager                       grant may be terminated if the
                                                  enhancement of grant goals and                          determines would help SJI’s review.                   qualifications of the proposed
                                                  objectives. Failure to submit                                                                                 individual are not approved in advance
                                                  adjustments in a timely manner may                      C. Notification of Approval/Disapproval               by SJI.
                                                  result in the termination of a grantee’s                  If the request is approved, the grantee
                                                  award.                                                                                                        H. Transferring or Contracting Out of
                                                                                                          will be sent a Grant Adjustment signed
                                                                                                                                                                Grant-Supported Activities
                                                  A. Grant Adjustments Requiring Prior                    by the SJI Executive Director. If the
                                                  Written Approval                                        request is denied, the grantee will be                  No principal activity of a grant-
                                                                                                          sent a written explanation of the reasons             supported project may be transferred or
                                                     The following grant adjustments                      for the denial.                                       contracted out to another organization
                                                  require the prior written approval of SJI:                                                                    without specific prior approval by SJI.
                                                                                                          D. Changes in the Scope of the Grant
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                                                     1. Budget revisions among direct cost                                                                      All such arrangements must be
                                                  categories that (a) transfer grant funds to                Major changes in scope, duration,                  formalized in a contract or other written
                                                  an unbudgeted cost category or (b)                      training methodology, or other                        agreement between the parties involved.
                                                  individually or cumulatively exceed                     significant areas must be approved in                 Copies of the proposed contract or
                                                  five percent (5%) of the approved                       advance by SJI. A grantee may make                    agreement must be submitted for prior
                                                  original budget or the most recently                    minor changes in methodology,                         approval of SJI at the earliest possible
                                                  approved revised budget (see section                    approach, or other aspects of the grant               time. The contract or agreement must
                                                  VII.I.2.d.).                                            to expedite achievement of the grant’s                state, at a minimum, the activities to be


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                                                  66122                     Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Notices

                                                  performed, the time schedule, the                       information related to a specific                     DEPARTMENT OF TRANSPORTATION
                                                  policies and procedures to be followed,                 investigation. That information is then
                                                  the dollar limitation of the agreement,                 provided to the FAA decision making                   Surface Transportation Board
                                                  and the cost principles to be followed in               authority to make FAA employment
                                                  determining what costs, both direct and                 and/or pilot certification/revocation                 [Docket No. AB 557 (Sub-No. 1X)]
                                                  indirect, will be allowed. The contract                 determinations.
                                                  or other written agreement must not                                                                           Trustees of the Cincinnati Southern
                                                                                                          DATES:   Written comments should be                   Railway Company—Abandonment
                                                  affect the grantee’s overall responsibility             submitted by December 28, 2015.
                                                  for the direction of the project and                                                                          Exemption, Scott County, TN
                                                                                                          ADDRESSES: Send comments to the FAA
                                                  accountability to SJI.                                                                                           The Trustees of the Cincinnati
                                                                                                          at the following address: Ronda
                                                  State Justice Institute Board of                        Thompson, Room 300, Federal Aviation                  Southern Railway Co. (CSR) have filed
                                                  Directors                                               Administration, ASP–110, 950 L’Enfant                 a verified notice of exemption under 49
                                                                                                          Plaza SW., Washington, DC 20024.                      CFR pt. 1152 subpart F—Exempt
                                                  James R. Hannah (Chairman), Chief Justice                  Public Comments Invited: You are                   Abandonments to abandon
                                                    (ret.), Supreme Court of Arkansas, Little             asked to comment on any aspect of this                approximately 3.09 miles of rail line
                                                    Rock, AR.                                                                                                   extending from milepost NR 215.61 near
                                                                                                          information collection, including (a)
                                                  Daniel J. Becker (Vice Chairman), State Court                                                                 Helenwood to milepost NR 218.7 at
                                                    Administrator, Utah Administrative Office             Whether the proposed collection of
                                                                                                          information is necessary for FAA’s                    New River in Scott County, Tenn. (the
                                                    of the Courts, Salt Lake City, UT.
                                                  Gayle A. Nachtigal (Secretary), Senior Circuit          performance; (b) the accuracy of the                  Line).1 The Line traverses United States
                                                    Court Judge, Washington County Circuit                estimated burden; (c) ways for FAA to                 Postal Service Zip Code 37755.
                                                    Court, Hillsboro, OR.                                 enhance the quality, utility and clarity                 CSR has certified that: (1) No local
                                                  Hernan D. Vera (Treasurer), Principal, Bird             of the information collection; and (d)                traffic has moved over the Line for at
                                                    Marella P.C., Los Angeles, CA.                        ways that the burden could be                         least two years; (2) no overhead traffic
                                                  Chase T. Rogers, Chief Justice, Supreme                 minimized without reducing the quality                has moved over the Line for at least two
                                                    Court of Connecticut, Hartford, CT.                                                                         years and overhead traffic, if there were
                                                                                                          of the collected information. The agency
                                                  Jonathan Lippman, Chief Judge of the State                                                                    any, could be rerouted over other lines;
                                                    of New York, New York, NY.                            will summarize and/or include your
                                                                                                          comments in the request for OMB’s                     (3) no formal complaint filed by a user
                                                  David V. Brewer, Justice, Oregon Supreme
                                                    Court, Salem, OR.                                     clearance of this information collection.             of rail service on the Line (or by a state
                                                  Wilfredo Martinez, County Judge, 9th                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                or local government entity acting on
                                                    Judicial Circuit of Florida, Orlando, FL.             Ronda Thompson at (202) 267–1416, or                  behalf of such user) regarding cessation
                                                  Marsha J. Rabiteau, Executive Director, Legal           by email at: Ronda.Thompson@faa.gov.                  of service over the Line is either
                                                    Policy Strategies Group, Bloomfield, CT.                                                                    pending with the Surface
                                                  John B. Nalbandian, Partner, Taft Stettinius            SUPPLEMENTARY INFORMATION:
                                                                                                                                                                Transportation Board (Board) or with
                                                    & Hollister LLP, Cincinnati, OH.                         OMB Control Number: 2120–0740.                     any U.S. District Court or has been
                                                  Isabel Framer, President, Language Access                  Title: Specific Release Form.                      decided in favor of a complainant
                                                    Consultants LLC, Copley, OH.                             Form Numbers: FAA Form 1600–81.                    within the two-year period; and (4) the
                                                  Jonathan D. Mattiello, Executive Director. (ex             Type of Review: Renewal of an                      requirements at 49 CFR 1105.7(c)
                                                    officio)                                              information collection.                               (environmental report), 49 CFR 1105.11
                                                                                                             Background Investigations are
                                                  Jonathan D. Mattiello,                                                                                        (transmittal letter), 49 CFR 1105.12
                                                                                                          conducted under 49 U.S.C. Sections
                                                  Executive Director.
                                                                                                                                                                (newspaper publication), and 49 CFR
                                                                                                          106, 40113, 40114, 46101, and 46104,
                                                                                                                                                                1152.50(d)(1) (notice to government
                                                  [FR Doc. 2015–27443 Filed 10–27–15; 8:45 am]            the Aviation Drug Trafficking Control
                                                                                                                                                                agencies) have been met.
                                                  BILLING CODE P                                          Act of 1984, the Anti-Drug Abuse Act of
                                                                                                                                                                   As a condition to this exemption, any
                                                                                                          1986, and the Anti-Drug Abuse Act of
                                                                                                                                                                employee adversely affected by the
                                                                                                          1988. The public respondents are pilots
                                                                                                                                                                abandonment shall be protected under
                                                  DEPARTMENT OF TRANSPORTATION                            or FAA job applicants from whom
                                                                                                                                                                Oregon Short Line Railroad—
                                                                                                          additional information is needed to
                                                                                                                                                                Abandonment Portion Goshen Branch
                                                  Federal Aviation Administration                         complete a thorough investigation. The
                                                                                                                                                                Between Firth & Ammon, in Bingham &
                                                                                                          information garnered from a signed
                                                  Agency Information Collection                                                                                 Bonneville Counties, Idaho, 360 I.C.C.
                                                                                                          Specific Release form is used by FAA
                                                  Activities: Requests for Comments;                                                                            91 (1979). To address whether this
                                                                                                          Special Agents to obtain information
                                                  Clearance of Renewed Approval of                                                                              condition adequately protects affected
                                                                                                          related to a specific investigation.
                                                  Information Collection: Specific                                                                              employees, a petition for partial
                                                                                                             Respondents: Approximately 270
                                                  Release Form                                                                                                  revocation under 49 U.S.C. 10502(d)
                                                                                                          subjects of investigation.
                                                                                                                                                                must be filed.
                                                                                                             Frequency: Information is collected as
                                                  AGENCY: Federal Aviation                                                                                         Provided no formal expression of
                                                                                                          needed.
                                                  Administration (FAA), DOT.                                                                                    intent to file an offer of financial
                                                                                                             Estimated Average Burden per
                                                  ACTION: Notice and request for                                                                                assistance (OFA) has been received, this
                                                                                                          Response: 5 minutes.
                                                  comments.                                                                                                     exemption will be effective on
                                                                                                             Estimated Total Annual Burden: 23
                                                                                                                                                                November 27, 2015, unless stayed
                                                  SUMMARY:   In accordance with the                       hours.
                                                                                                                                                                pending reconsideration. Petitions to
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  Paperwork Reduction Act of 1995, FAA                      Issued in Washington, DC, on October 21,            stay that do not involve environmental
                                                  invites public comments about our                       2015.
                                                  intention to request the Office of                      Ronda Thompson,                                         1 In its verified notice of exemption, CSR states

                                                  Management and Budget (OMB)                             FAA Information Collection Clearance Officer          that it holds legal title to the Line for the benefit
                                                  approval to renew an information                        Policy, Performance and Records                       of the City of Cincinnati. According to CSR, CSR
                                                                                                          Management Branch, ASP–110.                           has agreed to sell its interest in the right-of-way
                                                  collection. The information garnered                                                                          over the Line to KT Group following consummation
                                                  from a Specific Release form will be                    [FR Doc. 2015–27462 Filed 10–27–15; 8:45 am]          of the abandonment. CSR notes that KT Group
                                                  used by FAA Special Agents to obtain                    BILLING CODE 4910–13–P                                intends to salvage the Line.



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Document Created: 2018-02-27 08:57:51
Document Modified: 2018-02-27 08:57:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGrant Guideline for FY 2016.
DatesOctober 28, 2015.
ContactJonathan Mattiello, Executive Director, State Justice Institute, 11951 Freedom Drive, Suite 1020, Reston, VA 20190, 571-313-8843, [email protected]
FR Citation80 FR 66105 

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