The Crime Victims Fund: Federal Support for
Victims of Crime
Lisa N. Sacco
Analyst in Illicit Drugs and Crime Policy
August 22, 2012
Congressional Research Service
7-5700
www.crs.gov
R42672
CRS Report for Congress
Pr
epared for Members and Committees of Congress
The Crime Victims Fund: Federal Support for Victims of Crime
Summary
In 1984, the Crime Victims Fund (CVF) was established by the Victims of Crime Act (VOCA,
P.L. 98-473) to provide funding for state victim compensation and assistance programs. Since
1984, VOCA has been amended several times to support additional victim-related activities.
These amendments established within the CVF (1) discretionary grants for private organizations,
(2) the Federal Victim Notification System, (3) funding for victim assistance staff within the
Federal Bureau of Investigation and Executive Office of U.S. Attorneys, (4) funding for the
Children’s Justice Act Program, and (5) assistance and compensation for victims of terrorism.
In 1988, the Office for Victims of Crime (OVC) was formally established within the Department
of Justice (DOJ) to administer the CVF. As authorized by VOCA, the OVC awards CVF money
through grants to states, local units of government, individuals, and other entities. The OVC also
distributes CVF money to specially designated programs, such as the Children’s Justice Act
Program and the Federal Victim Notification System.
Deposits to the CVF come from criminal fines, forfeited appearance bonds, penalties and special
assessments collected by the U.S. Attorneys’ Offices, federal courts, and Federal Bureau of
Prisons. Since 2002, Congress has allowed gifts, bequests, and donations from private entities to
be deposited into the CVF.
When the CVF was created in 1984, Congress placed a cap on how much money could be
deposited into the CVF each year. Congress eliminated the cap for deposits in 1993. In FY2000,
Congress established a cap on the amount that would be available for distribution in a fiscal year
to ensure the stability of funds for crime victims programs and activities. Since 2000, Congress
has established the yearly CVF cap as a part of DOJ’s annual appropriation. For the last several
years, Congress has set the CVF distribution cap at $705 million.
In considering the CVF allocation and future caps, there are several issues on which policymakers
may deliberate. Congress may consider whether to adjust the manner in which the CVF is
allocated, amend VOCA to accommodate additional victim activities or groups, adjust the cap
and allow use of the CVF for grant programs other than those explicitly authorized by VOCA, or
make other adjustments to the CVF cap—such as eliminate the cap altogether.
Congressional Research Service
The Crime Victims Fund: Federal Support for Victims of Crime
Contents
Introduction...................................................................................................................................... 1
Financing of the Crime Victims Fund.............................................................................................. 2
Deposits to the CVF .................................................................................................................. 2
Caps on the CVF ....................................................................................................................... 2
Carryover Balance of the CVF .................................................................................................. 3
Distribution of the Crime Victims Fund .......................................................................................... 5
Children’s Justice Act Program ........................................................................................... 6
Executive Office of U.S. Attorneys (EOUSA).................................................................... 6
Federal Bureau of Investigation (FBI) ................................................................................ 7
The Victim Notification System.......................................................................................... 7
Victim Compensation and Assistance........................................................................................ 8
Victim Compensation Formula Grant Program................................................................... 8
Victim Assistance Formula Grant Program......................................................................... 9
Discretionary Grants................................................................................................................ 10
Antiterrorism Emergency Reserve .......................................................................................... 11
Selected Issues ............................................................................................................................... 12
Issues in Considering the CVF Cap .................................................................................. 12
Issues in Considering Amendments to VOCA .................................................................. 13
Figures
Figure 1. Annual Distribution of the Crime Victims Fund .............................................................. 5
Tables
Table 1. Crime Victims Fund: FY1985—FY2012........................................................................... 4
Table 2. Annual Allocation for Children’s Justice Act Grants ......................................................... 6
Table 3. Annual Allocation and Full-Time Employees for
EOUSA Victim Witness Coordinators.......................................................................................... 7
Table 4. Annual Allocation and Full-Time Employees for FBI Victim Witness Specialists............ 7
Table 5. Annual Allocation for Victim Notification System............................................................ 8
Table 6. Annual Allocation for Victim Compensation Grant Program ............................................ 9
Table 7. Annual Allocation for Victim Assistance Grant Program ................................................ 10
Table 8. Annual Allocation for Discretionary Grants .................................................................... 11
Contacts
Author Contact Information........................................................................................................... 14
Acknowledgments ......................................................................................................................... 14
Congressional Research Service
The Crime Victims Fund: Federal Support for Victims of Crime
Introduction
In 1984, the Crime Victims Fund (CVF) was established by the Victims of Crime Act (VOCA,
P.L. 98-473) to provide funding for state victim compensation and assistance programs.1 Since
1984, VOCA has been amended several times to support additional victim-related activities.
These amendments established within the CVF
• discretionary grants for private organizations;2
• the Federal Victim Notification System;3
• funding for victim assistance staff in the Federal Bureau of Investigation (FBI)
and Executive Office of U.S. Attorneys (EOUSA);4
• funding for the Children’s Justice Act Program;5 and
• assistance and compensation for victims of terrorism.6
In 1988, the Office for Victims of Crime (OVC) was formally established within the Department
of Justice (DOJ) to administer the CVF.7 As authorized by VOCA, the OVC awards CVF money
through formula and discretionary grants to states, local units of government, individuals, and
other entities. The OVC also distributes CVF money to specially designated programs, such as
the Children’s Justice Act Program and the Federal Victim Notification System (see Figure 1).8
The OVC mission is to enhance the nation’s capacity to assist crime victims and to improve
attitudes, policies, and practices that promote justice and help victims. According to the OVC, this
mission is accomplished by (1) administering the CVF, (2) supporting direct services for victims,
(3) providing training programs for service providers, (4) sponsoring the development of best
practices for service providers, and (5) producing reports on best practices.9 The OVC funds
victim-support programs in all 50 states, the District of Columbia, and the territories.10
Notably, Congress has amended VOCA several times to provide support for victims of
terrorism.11 These amendments established CVF-funded programs for (1) assistance to victims of
1 P.L. 98-473, Title II, Chapter XIV, Victims of Crime Act of 1984, October 12, 1984, 98 Stat. 2170. VOCA is codified
at 42 U.S.C. §10601 et seq.
2 P.L. 109-162, Title XI, Subtitle B, §1132, January 5, 2006, 119 Stat. 3107.
3 P.L. 107-77, Title I, §111, November 28, 2001, 115 Stat. 765.
4 P.L. 106-553, §1(a)(2), Title I, §113, December 21, 2000, 114 Stat. 2762, 2762A-68; P.L. 106-554, §1(a)(4), Division
A, §213(a)(2), December 21, 2000, 114 Stat. 2763, 2763A-179; and P.L. 106-113, Division B, §1000(a)(1) [H.R. 3421,
Title I, §119], November 29, 1999, 113 Stat. 1535, 1501A-22.
5 P.L. 106-177, Title I, §104(a), Child Abuse Prevention and Enforcement Act, March 10, 2000, 114 Stat. 36.
6 P.L. 104-132, Antiterrorism and Effective Death Penalty Act of 1996, Title II, Subtitle C; P.L. 107-56, USA
PATRIOT Act, Title VI, §621(a) to (d).
7 P.L. 100-690, Title VII, Subtitle D.
8 Grants are distributed according to a formula established by VOCA.
9 For more information on OVC and its mission, see http://www.ojp.usdoj.gov/ovc/.
10 For information on OVC grant allocations, see http://www.ojp.usdoj.gov/ovc/grants/index.html.
11 P.L. 104-132, Justice for Victims of Terrorism Act of 1996, April 24, 1996, 110 Stat. 1243; P.L. 106-386, Victims of
Trafficking and Violence Protection Act of 2000, October 28, 2000, 114 Stat. 1543; and P.L. 107-56, USA PATRIOT
(continued...)
Congressional Research Service
1
The Crime Victims Fund: Federal Support for Victims of Crime
terrorism12 who are injured or killed as a result of a terrorist act outside the United States, (2)
compensation and assistance to victims of terrorism within the United States, and (3) an
antiterrorism emergency reserve fund to support victims of terrorism.
This report provides background and funding information for VOCA programs and the CVF. It
describes the process through which CVF funds are allocated and explains how the CVF impacts
the annual budget for DOJ. It then provides an analysis of selected issues that Congress may
consider regarding the CVF and the FY2013 federal budget.
Financing of the Crime Victims Fund
Deposits to the CVF
The CVF does not receive appropriated funding.13 Rather, deposits to the CVF come from a
number of sources including criminal fines, forfeited bail bonds, penalties, and special
assessments collected by the U.S. Attorneys’ Offices, federal courts, and the Federal Bureau of
Prisons from offenders convicted of federal crimes.14 In 2001, the USA PATRIOT Act (P.L. 107-
56) established that gifts, bequests, or donations from private entities could also be deposited to
the CVF.
The largest source of deposits into the CVF is criminal fines.15 According to a 2005 report from
the National Association of VOCA Assistance Administrators, criminal fines account for
approximately 98% of all deposits to the CVF.16 Large criminal fines, if collected, can have a
significant effect on deposits into receipts for the CVF. For example, from FY1996 through
FY2004, fines collected from 12 defendants in federal courts accounted for 45% of all deposits to
the CVF during this time period.17 Table 1 provides the amounts collected into the CVF in each
fiscal year from 1985 through 2011.
Caps on the CVF
In 1984, Congress placed a cap on how much could be deposited into the CVF for the first eight
years. As shown in Table 1, from FY1985 through FY1992, the annual cap on deposits ranged
from $100 million to $150 million. In 1993, Congress lifted the cap on deposits, establishing that
(...continued)
Act, Title VI, §621(a) to (d), October 26, 2001, 115 Stat. 370.
12 Victims who are eligible for assistance include nationals of the United States and employees of the U.S. government.
13 In January 2002, Congress enacted a one-time appropriation of $68.1 million for the Crime Victims Fund to assist in
providing relief to 9/11 victims (P.L. 107-117, 115 Stat. 2294).
14 See 42 U.S.C. §10601.
15 U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime, 2011 OVC Report to the
Nation, p. 2, http://www.ovc.gov/pubs/reporttonation2011/ReporttoNation2011.pdf (hereinafter, 2011 OVC Report to
the Nation).
16 Steve Derene, Crime Victims Fund Report: Past, Present, Future, National Association of VOCA Assistance
Administrators, March 2005, p. 6, http://www.navaa.org/budget/CVFReport/CrimeVictimsReport.pdf (hereinafter,
Crime Victims Fund Report).
17 Crime Victims Fund Report, p. 3.
Congressional Research Service
2
The Crime Victims Fund: Federal Support for Victims of Crime
all criminal fines, special assessments, and forfeited bail bonds could be deposited into the CVF.
From FY1985 through FY1999, deposits collected in a fiscal year were distributed in the
following fiscal year.18
Fluctuation in Deposits
In 2000, Congress established an annual cap on funds available for distribution to reduce the
impact of fluctuating deposits and ensure the stability of funds for programs. Since 2000, there
has been considerable fluctuation in the amounts deposited each fiscal year. For example,
between FY2007 and FY2008, the amount of receipts collected dropped by nearly 12% and then
increased by approximately 95% in FY2009. This was followed by a 35% increase in FY2010
and a 15% decrease in FY2011. Table 1 provides the CVF distribution cap amounts from FY2000
through FY2012.
Since 2000, Congress has established the CVF cap each year as a part of the appropriations for
DOJ. For FY2012, Congress set the distribution cap at $705 million under the Consolidated and
Further Continuing Appropriations Act, 2012 (P.L. 112-55).
Carryover Balance of the CVF
Funding for a current year’s grants is provided by the previous year’s deposits to the CVF, and the
OVC is authorized to use the capped amount for grant awards in a given year. After the yearly
allocations are distributed, the remaining balance in the CVF is retained for future expenditures.
The remaining balance and the capped amount, however, are both counted, or “scored,” as part of
the DOJ budget total in a given fiscal year. These amounts impact the DOJ appropriation total and
are included in the department’s overall budget score.19 As a result, proposals to increase the CVF
cap could possibly reduce the available budget for other federal programs by the amount specified
in the proposed increase. Thus, congressional proposals to increase the cap may be accompanied
by a proposed offset that would reduce the funding of another program.20
VOCA law requires that all sums deposited in a fiscal year that are not obligated must remain in
the CVF for obligation in future fiscal years.21 If collections in a previous year exceed the
distribution cap, then amounts over the cap are credited to the “rainy day” fund for future
program benefits. For example, in FY2000 funding for the year was capped at $500 million
despite the fact that collections were over $985 million in FY1999. If the receipts collected in a
prior year are not sufficient to reach the cap, the additional amounts are made up from balances
credited to the CVF, commonly referred to as the rainy day fund.22 Approximately $485 million
18 2011 OVC Report to the Nation, p. 3.
19 For the DOJ FY2013 Summary of Budget Authority by Appropriation, see http://www.justice.gov/jmd/2013summary/
pdf/budget-authority-appropriation.pdf.
20 While some may assume that the program that has its funding reduced would be a DOJ program, this report does not
assume this and recognizes that the program could also be from another department aside from DOJ.
21 42 U.S.C. §10601(c).
22 U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime, 2009 OVC Report to the
Nation, p. 11, https://www.ncjrs.gov/ovc_archives/reporttonation2009/ReporttoNation09Part1.pdf.
Congressional Research Service
3
The Crime Victims Fund: Federal Support for Victims of Crime
remained in the CVF and was credited for future use.23 Table 1 provides the balances that remain
credited to the CVF at the end of each fiscal year from FY2000 through FY2011.
Table 1. Crime Victims Fund: FY1985—FY2012
(dollars in millions)
Amount
Enacted Cap on
Funds Made
Carryover
Fiscal
Collected to
Enacted Cap on
CVF
Available for
CVF
Year
CVF
CVF Deposits
Distribution
Distributiona
Balance
1985 $68.3
$100
—
$68.3 —
1986 62.5 $110
—
62.5 —
1987 77.5 $110
—
77.5 —
1988 93.6 $110
—
93.6 —
1989 133.5
$125
—
124.2 —
1990 146.2
$125
—
127.2 —
1991 128.0
$150
—
128.0 —
1992 221.6
$150
—
152.2 —
1993 144.7
—
—
144.7 —
1994 185.1
—
—
185.1 —
1995 233.9
—
—
233.9 —
1996 528.9
—
—
528.9 —
1997 362.9
—
—
362.9 —
1998 324.0
—
—
324.0 —
1999 985.2
—
—
500.0 —
2000 777.0
—
500.0
537.5 485.2
2001 544.4
—
537.5
550.0 785.2
2002 519.5
—
550.0
600.0 792.0
2003 361.3
—
600.0 617.6b 718.9
2004 833.7
—
621.3c 671.3d 422.1
2005 668.3
—
620.0
620.0
1,307.4
2006 641.8
—
625.0
625.0
1,333.5
2007 1,018.0
—
625.0
625.0 1,784.0
2008 896.3
—
590.0
590.0
2,084.0
2009 1,745.7
—
635.0
635.0 3,146.5
2010 2,362.3
—
705.0
705.0 4,801.5
2011 1,998.0
—
705.0
705.0 6,099.7
2012 —
—
705.0 705.0 —
Source: U.S. Department of Justice, Office of Justice Programs, Office of Communications.
23 Crime Victims Fund Report, p.16.
Congressional Research Service
4
The Crime Victims Fund: Federal Support for Victims of Crime
a. From FY1985-FY1998, deposits col ected in each fiscal year were distributed in the fol owing fiscal year to
support crime victims services. From FY1985-FY2002, the funds made available for distribution reflect the
amounts distributed in the fol owing fiscal year.
b. FY2003 funds include $17.6 million for the Antiterrorism Emergency Reserve.
c. The original cap of $625.0 million was reduced due to congressional rescission.
d. FY2004 funds include $50.0 million for the Antiterrorism Emergency Reserve.
Distribution of the Crime Victims Fund
As previously stated, the OVC awards CVF money through formula and discretionary grants to
states, local units of government, individuals, and other entities. The OVC also awards CVF
money to specially designated programs. Grants are allocated according to statute (see Figure 1)
established by the VOCA.
Figure 1. Annual Distribution of the Crime Victims Fund
Source: U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime, Crime Victims Fund,
Figure 2, http://www.ojp.usdoj.gov/ovc/pubs/crimevictimsfundfs/intro.html; and U.S. Department of Justice,
Federal Bureau of Investigation, FY2013 Congressional Budget Submission.
Notes: In FY2012, OJP assessed management and administrative (M & A) costs for programs funded by the CVF.
OJP did not assess M & A costs for the Children’s Justice Act Program and state victim compensation grants.
State victim assistance grants were assessed 11.6% in M & A costs and all other CVF-funded grants were
assessed 8.1% in M & A costs for FY2012.
Congressional Research Service
5
The Crime Victims Fund: Federal Support for Victims of Crime
a. As of FY2012, there are 170 Victim Witness Coordinators supported by the CVF.
b. As of FY2012, there are 134 Victim Witness Specialists supported by the CVF.
Children’s Justice Act Program
The OVC and the Administration for Children and Families (ACF) within the Department of
Health and Human Services manage the Children’s Justice Act Program, a grant program
designed to improve the investigation, handling, and prosecution of child abuse cases. Up to $20
million must be distributed annually to the Children’s Justice Act Program.24 Of the designated
funds, ACF receives up to $17 million to manage this program for the states, while the OVC
distributes up to $3 million for tribal populations.25 In FY2012, the ACF received $17 million
from the CVF to fund the Children’s Justice Act Program. Table 2 provides funding data from
FY2010 through FY2012.
Table 2. Annual Allocation for Children’s Justice Act Grants
(dollars in millions)
(Administrative Agency
in
Parentheses)
FY2010 FY2011 FY2012
State Al ocation (ACF)
$17.00
$17.00
$17.00
Tribal Allocation (OVC)
3.00
3.00
3.00
Source: U.S. Department of Health and Human Services, Administration for Children and Families, Office of
Legislative Affairs and Budget; and U.S. Department of Justice, Office of Justice Programs, Office of
Communications.
Executive Office of U.S. Attorneys (EOUSA)
The OVC provides annual funding to support victim-witness coordinators within each of the 93
U.S. Attorney’s Offices.26 In accordance with the Attorney General Guidelines for Victim and
Witness Assistance,27 these personnel provide direct support for victims of federal crime by
assisting victims in criminal proceedings and advising victims of their rights, such as their right to
make oral and written victim impact statements at an offender’s sentencing hearing. Table 3
provides the number of full-time employees supported with CVF funding and the amount of CVF
funding that the EOUSA victim-witness coordinator program has received from the OVC from
FY2010 through FY2012.
24 42 U.S.C. §10601(d)(2).
25 For more information regarding the Children’s Justice Act Program, see CRS Report R40899, The Child Abuse
Prevention and Treatment Act (CAPTA): Background, Programs, and Funding, by Emilie Stoltzfus.
26 42 U.S.C. §10601(d)(3).
27 U.S. Department of Justice, Attorney General Guidelines for Victim and Witness Assistance, http://www.justice.gov/
olp/pdf/ag_guidelines2012.pdf.
Congressional Research Service
6
The Crime Victims Fund: Federal Support for Victims of Crime
Table 3. Annual Allocation and Full-Time Employees for
EOUSA Victim Witness Coordinators
(dollars in millions)
FY2010
FY2011
FY2012
Al ocation to EOUSA
$23.33
$23.44
$21.54
Number of FTEs
170
170
170
Source: U.S. Department of Justice, Office of Justice Programs, Office of Communications.
Federal Bureau of Investigation (FBI)
The OVC provides annual funding to support victim witness specialists within the 56 FBI field
offices.28 These specialists, or coordinators, personally assist victims of federal crime and provide
information on criminal cases throughout case development and court proceedings.29 Table 4
provides the amount of CVF funding that the FBI’s Victim Witness Program has received from
the OVC in FY2010-FY2012.
Table 4. Annual Allocation and Full-Time Employees for
FBI Victim Witness Specialists
(dollars in millions)
FY2010
FY2011
FY2012
Al ocation to FBI
$14.64
$15.75
$16.21
Number of FTEs
134
134
134
Source: Allocations were provided by U.S. Department of Justice, Office of Justice Programs, Office of
Communications. The number of FTEs were taken from the FY2011-FY2013 congressional budget submissions
for the FBI.
The Victim Notification System
The OVC provides annual funding to support the Victim Notification System (VNS), a program
administered by the EOUSA and jointly operated by the FBI, EOUSA, OVC, and the Federal
Bureau of Prisons.30 VNS is the vehicle through which victims are notified of major case events
relating to the offender, such as the release or detention status of the offender.31 Table 5 provides
the amount of CVF funding that the FBI’s Victim Witness Program has received from the OVC in
FY2010-FY2012.
28 42 U.S.C. §10601(d)(3).
29 For more information on the FBI Victim Assistance Program, see http://www.fbi.gov/stats-services/
victim_assistance/overview/field-office-victim-assistance-program.
30 42 U.S.C. §10601(d)(3).
31 For more information on VNS, see https://www.notify.usdoj.gov/.
Congressional Research Service
7
The Crime Victims Fund: Federal Support for Victims of Crime
Table 5. Annual Allocation for Victim Notification System
(dollars in millions)
FY2010 FY2011 FY2012
Al ocation to EOUSA
$5.50
$4.88
$4.49
Source: U.S. Department of Justice, Office of Justice Programs, Office of Communications.
Victim Compensation and Assistance
After the Children’s Justice Act, victim witness, and VNS programs are funded, remaining CVF
money is distributed as follows: Victim Compensation Formula Grants (47.5%); Victim
Assistance Formula Grants (47.5%); and OVC Discretionary Grants (5%).32 Amounts not used
for state compensation grants are made available for state victim assistance formula grants. As
shown in Figure 1, while both compensation and assistance grants are allotted the same
percentage of the remaining balance, the state victim assistance grant program receives 47.5% of
the remaining balance plus any funds not needed to reimburse victim compensation programs at
the statutorily established rate.
Victim Compensation Formula Grant Program
As mentioned, 47.5% of the remaining annual CVF money is for grant awards to state crime
victim compensation programs.33 All 50 states, the District of Columbia, the U.S. Virgin Islands,
and Puerto Rico have victim compensation programs.34 The OVC awards each state 60% of the
total amount the state paid (from state funding sources) to victims in the prior fiscal year.35
According to VOCA, a state is eligible to receive a victim compensation formula grant if the state
program meets the following requirements: (1) promote victim cooperation with requests of law
enforcement authorities, (2) certify that grants received will not be used to supplant state funds,
(3) ensure that non-resident victims receive compensation awards on the same basis as victims
residing within the state, (4) ensure that compensation provided to victims of federal crimes is
given on the same basis as the compensation given to victims of state crime, and (5) provide
compensation to residents of the state who are victims of crimes occurring outside the state.36
The formula grants may be used to reimburse crime victims for out-of-pocket expenses such as
medical and mental health counseling expenses, lost wages, funeral and burial costs, and other
costs (except property loss) authorized in a state’s compensation statute. Victims are reimbursed
for crime-related expenses that are not covered by other resources, such as private insurance.
Since FY2004, more than half of annual compensation expenses paid have been for medical and
dental services.37
32 42 U.S.C. §10601(d)(4).
33 Ibid.
34 Territories and the District of Columbia are treated as states for grant eligibility and distribution purposes. See 42
U.S.C. §10602(d)(4).
35 42 U.S.C. §10602(a).
36 42 U.S.C. §10602(b).
37 Medical and dental services do not include mental health services. OVC records these mental health costs in a
(continued...)
Congressional Research Service
8
The Crime Victims Fund: Federal Support for Victims of Crime
According to the OVC, assault victims represent the highest percentage of victims receiving
compensation each year.38 In FY2011, there were 80,344 claims made by victims of assault,
representing nearly half of all claims filed during the reporting period for FY2011. Nearly 40% of
assault claims for FY2011 were domestic violence-related.39
Table 6 provides the amount of CVF funding that was allotted to OVC’s Victim Compensation
Program from FY2010 through FY2012.
Table 6. Annual Allocation for Victim Compensation Grant Program
(dollars in millions)
FY2010
FY2011
FY2012
Al ocation for Compensation Grants
$198.04
$180.89
$180.73
Source: U.S. Department of Justice, Office of Justice Programs, Office of Communications.
Victim Assistance Formula Grant Program
The other 47.5% of the remaining annual CVF money (see Figure 1) is for the Victim Assistance
Formula Grants Program. Amounts not used for state compensation grants are made available for
the Victim Assistance Formula Grants Program. This program provides grants to state crime
victim assistance programs to administer funds for state and community-based victim service
program operations.40 The grants support direct services to crime victims including information
and referral services, crisis counseling, temporary housing, criminal justice advocacy support, and
other assistance needs.
Assistance grants are distributed by states according to guidelines established by VOCA. States
are required to prioritize the following groups: (1) underserved populations of victims of violent
crime,41 (2) victims of child abuse, (3) victims of sexual assault, and (4) victims of spousal
abuse.42 States may not use federal funds to supplant state and local funds otherwise available for
crime victim assistance.
VOCA establishes the amount of funds allocated to each state and territory. Each of the 50 states,
the District of Columbia, the U.S. Virgin Islands, and Puerto Rico receive a base amount of
$500,000 each year.43 The territories of the Northern Mariana Islands, Guam, and American
(...continued)
separate category. For additional compensation data, as well as the number of victims served, by victim types and
service categories, see U.S. Department of Justice, U.S. Department of Justice, Office of Justice Programs, Office for
Victims of Crime, VOCA Nationwide Performance Reports, http://www.ojp.usdoj.gov/ovc/grants/vocareps.html.
38 Ibid.
39 U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime, 2011 Victims of Crime Act
Performance Report, State Assistance Program, http://www.ojp.usdoj.gov/ovc/grants/vocanpr_va11.html.
40 42 U.S.C. §10603(c).
41 States have flexibility in determining the populations of victims of violent crimes that may be underserved in their
respective states.
42 42 U.S.C. §10603(a).
43 42 U.S.C. §10603(a)(5)(A).
Congressional Research Service
9
The Crime Victims Fund: Federal Support for Victims of Crime
Samoa receive a base amount of $200,000 each year.44 The remaining funds are distributed based
on U.S. census population data. Table 7 provides the amount of CVF funding that the OVC
allotted for the Victim Assistance Grant Program from FY2010 through FY2012.
Table 7. Annual Allocation for Victim Assistance Grant Program
(dollars in millions)
FY2010
FY2011
FY2012
Al ocation for Assistance Grants
$412.13
$428.08
$377.09
Source: U.S. Department of Justice, Office of Justice Programs, Office of Communications.
Notes: The reduction in al ocation for FY2012 reflects a new OJP management and administrative cost
assessment for CVF programs, with the exception of the Children’s Justice Act Program and victim
compensation grants, were assessed $55.59 million in FY2012.
According to the OVC, victims of domestic violence make up the largest number of victims
receiving services under the Victim Assistance Formula Grants Program. In 2011, approximately
45% of the 3,760,235 victims served by these grants were victims of domestic violence.45 This
figure has remained relatively stable since 2000, when 50% of all victims served by the victim
assistance grants were victims of domestic violence.46
Discretionary Grants
Five percent of the CVF money available after the specially designated program allocations have
been made (see Figure 1) is for discretionary grants.47 According to VOCA, discretionary grants
must be distributed for (1) demonstration projects, program evaluation, compliance efforts, and
training and technical assistance services to crime victim assistance programs; (2) financial
support of services to victims of federal crime; and (3) nonprofit victim service organizations and
coalitions to improve outreach and services to victims of crime.48 The OVC awards discretionary
grants each year through a competitive application process.49
Table 8 provides the amount of CVF funding that the OVC allotted for discretionary grants from
FY2010 through FY2012.
44 42 U.S.C. §10603(a)(5)(B).
45 U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime, 2011 Victims of Crime Act
Performance Report, State Assistance Program, http://www.ojp.usdoj.gov/ovc/grants/vocanpr_va11.html.
46 U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime, 2000 Victims of Crime Act
Performance Report, State Assistance Program, http://www.ojp.usdoj.gov/ovc/grants/vocanpr_va00.html. For
additional annual reports on the Victim Assistance Formula Grants Program, see http://www.ojp.usdoj.gov/ovc/grants/
vocareps.html.
47 42 U.S.C. §10601(d)(4).
48 42 U.S.C. §10603(c).
49 For more information on discretionary programs, see http://www.ojp.usdoj.gov/ovc/grants/
types.html#discretionarygrants.
Congressional Research Service
10
The Crime Victims Fund: Federal Support for Victims of Crime
Table 8. Annual Allocation for Discretionary Grants
(dollars in millions)
FY2010
FY2011
FY2012
Al ocation for Discretionary Grants
$32.12
$32.05
$29.36
Source: U.S. Department of Justice, Office of Justice Programs, Office of Communications.
Antiterrorism Emergency Reserve
The Antiterrorism Emergency Reserve was established in P.L. 104-132 to meet the immediate and
long-term needs of victims of terrorism and mass violence.50 The OVC accomplishes this mission
by providing supplemental grants to states for victim compensation and assistance and also by
providing direct compensation to victims (U.S. nationals or officers or employees of the U.S.
government, including Foreign Service Nationals working for the U.S. government) of terrorist
acts that occur abroad.
The Director of the OVC is authorized to set aside $50 million of CVF money in the
Antiterrorism Emergency Reserve to respond to the needs of victims of the September 11 terrorist
attacks, and subsequently, to replenish any amounts expended so that not more than $50 million is
reserved in any fiscal year for any future victims of terrorism.51 After funding all other program
areas, as listed above, the funds retained in the CVF may be used to replenish the Antiterrorism
Emergency Reserve.52 This reserve fund supports the following programs:
• Antiterrorism and Emergency Assistance Program,
• International Terrorism Victim Expense Reimbursement Program,
• Crime Victim Emergency Assistance Fund at the FBI, and
• Victim Reunification Program.
Assistance for Victims of 9/11
In the aftermath of the terrorist attacks on September 11, 2001, the OVC used money available in
the Antiterrorism Emergency Reserve account to immediately respond to the needs of victims.
The OVC awarded $3.1 million in victim assistance funding and $13.5 million in victim
compensation funding53 to the states of New York, Virginia, and Pennsylvania.54 The funds were
used by these states to coordinate and provide emergency assistance to victims in the form of
50 P.L. 104-132, Title II, Subtitle C.
51 42 U.S.C. §10601(d)(5). The OVC also received a one-time $68.1 million appropriation in the FY2002 Department
of Defense Appropriations Act (P.L. 107-117, 115 Stat. 2294) to assist in its work of providing relief to 9/11 victims
(USA PATRIOT Act, P.L. 107-56, 115 Stat. 371).
52 These funds do not fall under the annual cap of the CVF.
53 Emergency funds were disbursed under the authority of the 2001 Emergency Supplemental Appropriations Act for
Recovery from and Response to Terrorist Attacks on the United States (P.L. 107-38). The Antiterrorism Emergency
Reserve was later reimbursed under the Department of Defense Appropriations Act (P.L. 107-117).
54 U.S. Department of Justice, Office for Victims of Crime, Meeting the Needs of the Victims of the September 11th
Terrorist Attacks: Department of Defense Appropriations Act of 2002, Report to Congress, April 2003, p. 4,
https://www.ncjrs.gov/ovc_archives/reports/911victimsreptocongress03/meetingneedssept11.pdf.
Congressional Research Service
11
The Crime Victims Fund: Federal Support for Victims of Crime
crisis counseling and other direct services, and to offset out-of-pocket expenses for medical and
mental health services, funeral costs, and lost wages.
In addition to providing funds to states, the OVC provided other assistance and services to
victims, including the following:
• OVC staff worked to identify the short- and long-term needs of victims and
related costs, as well as to coordinate its efforts with other federal agencies such
as the Federal Emergency Management Agency (FEMA).
• Immediately following the attacks, the OVC set up a call center that offered a 24-
hour, toll-free telephone line for collecting victim information and providing
referrals for financial, housing, and counseling assistance. Approximately 37,000
victims and family members received assistance and referrals through the call
center.55
• The OVC also established a Victim and Family Travel Assistance Center, which
handled all logistical arrangements and paid travel and lodging costs for 1,800
family members traveling to funerals and memorial services.56
• The OVC designed and operated a special “Hope and Remembrance” website to
provide victims with answers to frequently asked questions, official messages
from U.S. government sources, news releases, etc.57
The OVC continues to assist those affected by 9/11 through the Healing and Remembrance
Program. In FY2010, the Mental Health Association of New York City received CVF money to
operate a website to assist and support those affected by 9/11 and provide travel support for 9/11
anniversary events.58
Selected Issues
Congress may confront several issues when considering the annual distribution cap on the CVF
and possible amendments to VOCA. These issues include using the CVF for programs other than
those explicitly authorized by VOCA, making adjustments to the CVF cap such as eliminating the
cap, and amending VOCA to accommodate new programs or to adjust the allocation formula.
Issues in Considering the CVF Cap
One issue Congress might consider is whether to use receipts from the CVF to fund grant
programs that are not authorized by VOCA. In the past, Congress has passed legislation that
made CVF money available to support programs authorized outside of VOCA.59 For example, the
National Defense Authorization Act (P.L. 110-181) included a provision mandating that the
55 Ibid, p. 5.
56 Ibid, p. 5.
57 Ibid, p. 5.
58 For additional information regarding the Healing and Remembrance Program, see http://www.9-
11healingandremembrance.org/ovc/FamilySupportCenters/Default.aspx.
59 For expenditure guidelines, see 42 USC §10601(d).
Congressional Research Service
12
The Crime Victims Fund: Federal Support for Victims of Crime
Attorney General transfer from the emergency reserve of the CVF “such funds as may be
required” to cover the costs of special masters appointed by U.S. district courts in civil cases
brought against state sponsors of terrorism.
Thus far, CVF money has not been used to fund grant programs outside of those authorized by
VOCA. In the Budget of the United States Government, Fiscal Year 2013, the Administration
requests to raise the CVF cap by $365 million and specifies that the additional money should be
transferred to other accounts administered by DOJ, including the Office on Violence Against
Women (OVW) and the Office of Justice Programs (OJP). Both the Senate and the House
Committee on Appropriations rejected the Administration’s proposal to fund OVW and OJP grant
programs through the CVF for FY2013. While it could be argued that the non-VOCA grant
programs the Administration proposed to fund with receipts from the CVF would assist crime
victims in some manner, the Administration’s proposal raises a question about whether this might
pave the way for the CVF to be used to support other DOJ grant programs that might not be
victim-focused. On the other hand, as mentioned above, the CVF has a balance of more than $6
billion, which indicates that receipts to the fund are exceeding the congressionally specified cap.
In a time of fiscal constraint, the CVF might provide an avenue to fund some DOJ grant programs
while reducing DOJ’s discretionary appropriation; however, there is no guarantee that receipts
going into the CVF will be consistent from one year to the next. Therefore, if Congress were to
increase the cap and use funding from the CVF for non-VOCA programs, it is not possible to
ensure that there will be a consistent level of funding to support these programs in future budget
cycles.
Congress could decide to eliminate the cap on the Crime Victims Fund altogether. If Congress
should decide to eliminate the cap and allow all collected funds to be distributed in a given fiscal
year, it could possibly have significant consequences for the DOJ budget. As mentioned, the
capped amount and remaining balance in the CVF are considered part of the DOJ budget total.
These amounts impact the DOJ appropriation, are used to offset spending limits for DOJ
programs, and are included in the overall budget score for DOJ. If Congress were to eliminate the
cap, it would have to make up the amount of the CVF through offsets. Moreover, Congress may
wish to consider whether VOCA programs would be able to use all money in the fund if the
distribution cap were eliminated.
Issues in Considering Amendments to VOCA
While VOCA may be amended in many possible ways, this report presents two options that
Congress may choose to consider. Congress may wish to reassess the allocation formula of the
CVF (see Figure 1) or consider the addition of new programs to be supported through the CVF.
VOCA Assistance Administrators have voiced concern that fluctuations in annual obligations can
directly impact fund availability for victim assistance formula grants and, to a lesser extent,
discretionary grants. The addition of new programs, increases in funding to other programs
funded by the CVF, and new management and administration costs cause a reduction in funding
available for victim assistance formula grants and discretionary grants.60 Congress may choose to
review the allocation formula to determine if changes should be made to reduce the impact of
fluctuations in obligated funds on these grants.
60 Ibid; National Association of VOCA Assistance Administrators, Victims of Crime Act (VOCA) Crime Victims Fund:
Briefing Background, p. 4, http://www.navaa.org/budget/13/docs/VOCA_Backgrounder%202013.pdf.
Congressional Research Service
13
The Crime Victims Fund: Federal Support for Victims of Crime
Since 1984, VOCA has been amended several times to support additional victim-related activities
and accommodate the needs of specific groups of victims, such as child abuse victims and victims
of terrorist acts. Congress may choose to continue amending VOCA to accommodate the needs of
additional special populations, such as victims of elder abuse. As the so-called “baby boom”
generation ages, it is possible that elder abuse will grow as a social concern.61 Likewise, other
populations with unique risks and needs may present themselves, and Congress may choose to
use VOCA as one potential vehicle to address those risks and needs.
Author Contact Information
Lisa N. Sacco
Analyst in Illicit Drugs and Crime Policy
lsacco@crs.loc.gov, 7-7359
Acknowledgments
Portions of this report are based on an earlier CRS report by Celinda Franco, who no longer works at CRS.
61 Martin J. Gorbien and Amy R. Eisenstein, “Elder Abuse and Neglect: An Overview,” Clinics in Geriatric Medicine,
vol. 2 (May 21, 2005).
Congressional Research Service
14