The Crime Victims Fund (CVF): Federal Support May 21, 2024
for Victims of Crime
Lisa N. Sacco
In 1984, the Crime Victims Fund (CVF, or the Fund) was established by the Victims of Crime
Analyst in Illicit Drugs and
Act (VOCA, P.L. 98-473) to provide funding for state victim compensation and assistance
Crime Policy
programs. Since 1984, VOCA has been amended several times to support additional victim-
related activities including (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, (5) assistance and compensation for victims of terrorism, (6) funding for sexual assault survivors’ notification
grants and ensuring rights of sexual assault survivors, and (7) restitution for victims of child pornography. Aside from
amendments for new programmatic purposes, VOCA has also been amended to include additional sources of funding for the
CVF and adjust processes and requirements for VOCA grants.
In 1988, the Office for Victims of Crime (OVC) was formally established within the Department of Justice (DOJ) to
administer VOCA programs. As authorized by VOCA, OVC awards CVF money through grants to states, local units of
government, individuals, and other entities. 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 federal criminal fines, forfeited appearance bonds, and 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. Since the enactment of the VOCA Fix to
Sustain the Crime Victims Fund Act of 2021 (P.L. 117-27), deposits to the CVF have also included monetary penalties from
federal deferred prosecution and nonprosecution agreements. As of February 29, 2024, the CVF had a balance of $1.29
billion.
When the CVF was created in 1984, Congress placed a cap on how much money could be deposited into the CVF each fiscal
year. Congress eliminated the cap for deposits in 1993. From FY1985 to FY1998, deposits collected in each fiscal year were
distributed in the following fiscal year. In FY2000, Congress established an annual obligation cap on CVF funds available for
distribution to reduce the effects of fluctuating deposits on the amount of funds available and to ensure the stability of funds
for crime-victims programs and activities. Since 2000, Congress has established the annual obligation cap in appropriations
law.
Due to the fluctuating balance of the Fund, the obligation cap has sharply increased and decreased over last decade. Increases
to the cap were sometimes accompanied by new draws on the Fund. The fluctuation of the cap from year to year and the new
draws on the CVF affect the formula grant amounts made available for states and territories as well as the amount allocated
for discretionary grants.
Over the past decade, Congress has taken a number of actions involving the CVF. In the 114th Congress, the Bipartisan
Budget Act of 2015 (P.L. 114-74) included a provision (§702) that required the rescission of $1.5 billion from the balance of
the Crime Victims Fund. In addition, from FY2017 to FY2023, Congress opted to calculate the obligation cap based on the
most recent three-year average of deposits into the CVF. In FY2021, Congress passed and President Biden signed P.L. 117-
27, which required that revenues collected from federal deferred prosecution and nonprosecution agreements be deposited
into the CVF.
In considering the CVF allocation for crime victim services and related activities, future caps, and sustainability of the CVF,
policymakers may deliberate several issues. Congress may consider whether to adjust the manner in which funds from the
CVF are allocated; amend VOCA to accommodate additional or fewer purpose areas; set limits on the use of the CVF for
purposes other than those explicitly authorized by VOCA; or make adjustments to the CVF and CVF cap—such as
eliminating the cap or CVF altogether.
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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
Fluctuation in Deposits and Growth of the Fund ................................................................ 3
Caps on the CVF ....................................................................................................................... 3
Cap on Deposits .................................................................................................................. 3
Obligation Cap .................................................................................................................... 3
Recent Changes to the CVF Obligation Cap and New Uses of Obligated Funds ............... 4
Carryover Balance of the CVF .................................................................................................. 4
VOCA-Authorized Distribution of the Crime Victims Fund .......................................................... 7
Children’s Justice Act Program ................................................................................................. 8
Executive Office for U.S. Attorneys (EOUSA) ........................................................................ 8
Federal Bureau of Investigation (FBI) ...................................................................................... 9
The Victim Notification System (VNS) .................................................................................. 10
Victim Compensation and Assistance ..................................................................................... 10
Victim Compensation Formula Grant Program ................................................................ 10
Victim Assistance Formula Grant Program ...................................................................... 12
Discretionary Grants ............................................................................................................... 14
Survivors’ Bill of Rights Act of 2016 ............................................................................... 15
Antiterrorism Emergency Reserve .......................................................................................... 15
Assistance for Victims of Terrorism and Mass Violence .................................................. 16
Assistance for Victims of 9/11 .......................................................................................... 16
Child Pornography Victims Reserve ....................................................................................... 17
Distribution of Crime Victim Fund Not Authorized by VOCA..................................................... 18
Crime Victims Fund Tribal Set-Aside Program ...................................................................... 18
Selected Issues for Congress ......................................................................................................... 19
Funding Activities Not Authorized by VOCA ........................................................................ 19
Eliminating or Adjusting the Calculation of the Obligation Cap ............................................ 19
Eliminating the CVF ............................................................................................................... 19
Revenue for the Fund .............................................................................................................. 20
Figures
Figure 1. Annual VOCA-Authorized Distribution of the Crime Victims Fund ............................... 7
Tables
Table 1. Crime Victims Fund (CVF): FY1985-FY2024 .................................................................. 5
Table 2. Annual Allocation for Children’s Justice Act Grants ......................................................... 8
Table 3. Annual Allocation and Full-Time Employees (FTEs) for
EOUSA Victim Witness Coordinators ......................................................................................... 9
Table 4. Annual Allocation and Full-Time Employees (FTEs) for
FBI Victim Witness Specialists .................................................................................................... 9
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The Crime Victims Fund: Federal Support for Victims of Crime
Table 5. Annual Allocation for Victim Notification System (VNS) .............................................. 10
Table 6. Annual Allocation for Victim Compensation Grant Program .......................................... 12
Table 7. Annual Allocation for Victim Assistance Grant Program ................................................ 13
Table 8. Annual Allocation for Discretionary Grants .................................................................... 15
Table 9. Funds Obligated from the Antiterrorism Emergency Reserve ......................................... 16
Table 10. Annual Allocation for Tribal Assistance Grants ............................................................ 19
Contacts
Author Information ........................................................................................................................ 20
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The Crime Victims Fund: Federal Support for Victims of Crime
Introduction
In 1984, the Crime Victims Fund (CVF, or the Fund) 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 that the CVF be used for
• 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 for U.S. Attorneys (EOUSA),4
• funding for the Children’s Justice Act Program,5
• assistance and compensation for victims of terrorism,6
• sexual assault survivors’ notification grants and ensuring rights of sexual assault
survivors,7 and
• restitution for victims of child pornography.8
VOCA has also been amended to include additional sources of funding for the CVF and to adjust,
and allow for the waiver of, match requirements for VOCA grants.9
In 1988, the Office for Victims of Crime (OVC) was formally established within the Department
of Justice (DOJ) to administer the CVF.10 As authorized by VOCA, OVC awards CVF money
through formula and discretionary grants to states, local units of government, individuals, and
other entities. 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).11
OVC’s 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 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.12 OVC funds victim-
1 P.L. 98-473, Title II, Chapter XIV, Victims of Crime Act of 1984, October 12, 1984, 98 Stat. 2170. The Victims of
Crime Act (VOCA) is codified at 34 U.S.C. §20101 et seq.
2 P.L. 109-162, Title XI, Violence Against Women and Department of Justice Reauthorization Act of 2005, 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. 114-236, Survivors’ Bill of Rights Act of 2016.
8 P.L. 115-299, Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018.
9 P.L. 117-27, VOCA Fix to Sustain the Crime Victims Fund Act of 2021.
10 P.L. 100-690, Title VII, Subtitle D – Victim Compensation and Assistance.
11 Grants are distributed according to a formula established by VOCA.
12 For more information on OVC and its mission, see DOJ, Office of Justice Programs (OJP), “Office for Victims of
Crime (OVC),” https://www.ojp.gov/about/offices/office-victims-crime-ovc.
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support programs in all 50 states, the District of Columbia, tribes, and the territories.13 In
FY2018, Congress began setting aside specific percentages of the CVF obligation cap for tribal
assistance grants to improve services for victims of crime in American Indian and Alaska Native
communities.14 Notably, Congress did this through appropriations acts and did not create a
permanent authorization for tribal assistance grants through VOCA.
Notably, Congress has amended VOCA several times to provide support for victims of
terrorism.15 These amendments established CVF-funded programs for (1) assistance to victims of
terrorism16 who are injured or killed as a result of a terrorist act outside the United States, (2)
compensation and assistance to victims of terrorism or mass violence within the United States,
and (3) an antiterrorism emergency reserve fund to support victims of terrorism or mass violence.
This report provides background and funding information for the CVF and VOCA programs. It
describes the process through which funds in the CVF are allocated and explains how the CVF
affects the annual budget for DOJ. It then provides an analysis of selected issues that Congress
may consider regarding the CVF, the federal budget, and VOCA programs.
Financing of the Crime Victims Fund
Deposits to the CVF
The CVF does not receive appropriated funding.17 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.18 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. In FY2021, Congress passed and President Biden signed the VOCA Fix to Sustain the
Crime Victims Fund Act of 2021 (VOCA Fix Act; P.L. 117-37), which required that revenues
collected from federal deferred prosecution and nonprosecution agreements be deposited into the
CVF.
Historically, the largest source of deposits into the CVF has been criminal fines collected from
federal offenders. However, with the introduction of monetary penalties collected from deferred
and non-prosecution agreements, that may not always be the case.19 Monetary penalties collected
from deferred and nonprosecution agreements represented 62% of the total amount collected
during the first six months of FY2024.20 Large criminal fines or other monetary penalties, if
13 For information on OVC grant allocations, see “About OVC Funding,” https://ovc.ojp.gov/funding.
14 For more information about this program and the annual set-aside, see OVC,
Report on the OVC Fiscal Year 2023
Crime Victims Fund Tribal Set-Aside Program, https://ovc.ojp.gov/program/tribal/tribal-victim-services-set-aside/fy-
2023-report.pdf.
15 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
Act, Title VI, §621(a) to (d), October 26, 2001, 115 Stat. 370.
16 Victims who are eligible for assistance include nationals of the United States and employees of the U.S. government.
17 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).
18 See 34 U.S.C. §20101.
19 CRS communications with DOJ, Office of Legislative Affairs in March 2020. Also see OVC,
2011 OVC Report to
the Nation, p. 2.
20 Percentage calculated by CRS based on data from OVC, “FY 2007 – FY 2024 Crime Victims Fund Annual Receipts
(as of 3/31/2024),” https://ovc.ojp.gov/about/crime-victims-fund/fy-2007-2024-cvf-annual-receipts.pdf.
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collected, can have a significant effect on deposits into the CVF. For example, from FY1996
through FY2004, fines collected from 12 offenders in federal courts accounted for 45% of all
deposits to the CVF during this time period.21
Table 1 provides the total amounts deposited into
the CVF in each fiscal year from FY1985 to FY2024.
Fluctuation in Deposits and Growth of the Fund
A
s Table 1 illustrates, since FY2000 there has been considerable fluctuation in the amounts
deposited each fiscal year. For example, from FY2013 to FY2014 the monetary amount collected
rose by over 140.0% and then decreased by approximately 26.0% in FY2015. This was followed
by a 43.7% decrease in FY2016, and then a 443.0% increase in FY2017.
Table 1 provides the
annual amounts collected from FY1985 through March 31, 2024.
Over the last two decades, more than $32 billion has been deposited into the CVF. Large criminal
fines levied in cases of financial fraud and other white-collar crimes contributed to some of the
sizeable growth of the Fund during this time.22 Although OVC had expected deposits to remain
high due to major fines levied against federal offenders (in particular, against corporate violators
of federal law),23 deposits into the Fund fluctuate from year to year and sometimes decrease, as
they did in FY2016 and FY2018 relative to the previous fiscal year. Because of the large impact
fines paid by offenders convicted for financial fraud and other white-collar crime have on
deposits to the CVF, fluctuation in prosecutions of corporate violators
may contribute to a
fluctuation in deposits to the CVF.
Caps on the CVF
In the history of the CVF, two caps have affected the balance and distribution of the Fund: a cap
on deposits and an obligation cap.
Cap on Deposits
In 1984, Congress placed a cap on how much could be deposited into the CVF each fiscal year.
As shown i
n 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
nearly all criminal fines, special assessments, and forfeited bail bonds must be deposited into the
CVF (with certain exceptions).24
Obligation Cap
From FY1985 to FY1998, deposits collected each fiscal year were distributed the following fiscal
year to support crime victim services. In 2000, Congress established an annual obligation cap on
21 Steve Derene,
Crime Victims Fund Report: Past, Present, and Future, National Association of VOCA Assistance
Administrators, March 2005, p. 3 (hereinafter
Crime Victims Fund Report).
22 See
Table 1 for receipts. For examples of these large criminal fines, see DOJ, Office of Public Affairs, “Attorney
General Holder Announces Financial Fraud Enforcement Task Force Executive Director,” press release, December 7,
2011, https://www.justice.gov/opa/pr/attorney-general-holder-announces-financial-fraud-enforcement-task-force-
executive-director; and DOJ, Office of Public Affairs, “Volkswagen AG Agrees to Plead Guilty and Pay $4.3 Billion in
Criminal and Civil Penalties and Six Volkswagen Executives and Employees Are Indicted in Connection with
Conspiracy to Cheat U.S. Emissions Tests,” press release, January 11, 2017, https://www.justice.gov/opa/pr/
volkswagen-ag-agrees-plead-guilty-and-pay-43-billion-criminal-and-civil-penalties-six.
23 DOJ, Office of Justice Programs (OJP), OVC,
2015 OVC Report to the Nation: Fiscal Years 2013-2014 (hereinafter,
2015 Report to the Nation), and
2013 OVC Report to the Nation: Fiscal Years 2011-2012.
24 Some federal criminal fines and penalty assessments are specifically directed toward other accounts and purposes.
See 34 U.S.C. §20101(b).
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the amount of CVF funds available for distribution to reduce the effect of fluctuating deposits on
grantees and ensure the stability of funds for related programs and activities. Congress establishes
the CVF cap each year as a part of the appropriations for DOJ.
Recent Changes to the CVF Obligation Cap and New Uses of Obligated Funds
In FY2015, Congress set the CVF obligation cap at $2.4 billion, a 216.9% increase over the
FY2014 cap (see
Table 1). Unlike previous fiscal years, Congress directed DOJ to use CVF funds
for purposes other than those specified in VOCA. $10 million was designated for the DOJ Office
of the Inspector General (OIG) for oversight and auditing purposes.25
In FY2016, Congress further increased the obligation cap to $3.0 billion; however, $379 million
was transferred to the Office on Violence Against Women (OVW) for purposes outside of VOCA
and $10 million was again designated for the DOJ Office of the Inspector General (OIG) for
oversight and auditing purposes.26 After deducting transfers required by P.L. 114-113, the
obligation cap was $2.7 billion, a 12.4% increase over the FY2015 cap.
In FY2017, Congress set the cap at $2.6 billion, a 15.4% decrease compared to the FY2016 cap.
From this amount, $326 million was transferred to OVW (again for purposes outside of VOCA)
and $10 million was again designated for the DOJ OIG for oversight and auditing purposes. In
the accompanying explanatory statement for the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2017 (Division B, P.L. 115-31), Congress explained that deposits
into the CVF had slowed, and to ensure solvency of the Fund the FY2017 obligation cap was
calculated based on the most recent three-year average of deposits into the CVF. In the years
since, Congress has continued to calculate the annual obligation cap in this manner.
From FY2018 to FY2022, deposits to the CVF and the obligation cap continued to fluctuate, and
Congress continued to transfer funds from the CVF to OVW and OIG. However, in FY2023 and
FY2024 Congress again transferred $10 million to OIG but did
not transfer funds to OVW. In
addition, in FY2018, Congress set aside 3% of the cap (off the top before any other funds are
allocated) for tribal victim assistance grants, which are also not authorized under VOCA. From
FY2019 to FY2024, Congress set aside 5% of the obligation cap amount for these grants (see the
“Crime Victims Fund Tribal Set-Aside Program” section).
Carryover Balance of the CVF
CVF and CHIMPs
OVC is authorized to use the capped amount
Federal spending can be divided into the budget
for grant awards in a given fiscal year. After
categories of discretionary spending, mandatory
spending, and net interest. In certain circumstances,
the yearly allocations are distributed, the
reductions in mandatory spending can generate offsets
remaining balance in the CVF is retained for
that allow higher levels of discretionary spending than
future obligation. The difference between the
would otherwise be permitted under congressional
fund’s balance (if there is one) and the
budget rules or under statutory caps on discretionary
obligation limit is scored as an offset (i.e., as a
spending. CHIMPs are provisions in appropriations acts
that reduce or constrain mandatory spending, and they
Change in Mandatory Program or CHIMP) in
can provide offsets to discretionary spending. Until the
DOJ’s total discretionary spending in a given
last several years, the CVF CHIMP item generated the
fiscal year.28 Moreover, that offset also affects
largest offset of discretionary spending.27
25 Congress did not specify beyond general OIG oversight and auditing purposes.
26 Congress did not specify beyond general OIG oversight and auditing purposes.
27 D. Andrew Austin, CRS Analyst in Economic Policy, contributed to this text box.
28 For the FY2020 DOJ
Summary of Budget Authority by Appropriation, see https://www.justice.gov/doj/page/file/
1246636/download.
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the discretionary spending total in the annual Commerce, Justice, Science, and Related Agencies
(CJS) appropriations act.29
VOCA requires that all sums deposited in a fiscal year that are not obligated must remain in the
CVF for obligation in future fiscal years.30 If collections in a previous year exceed the obligation
cap, amounts over the cap are credited to the CVF, also referred to as the “rainy day” fund, for
future program benefits. For example, in FY2000 the obligation limit was set at $500 million
despite the fact that deposits were over $985 million in FY1999. In FY2000, approximately $485
million remained in the CVF and was credited for future use.31
Table 1 provides the balances that
remain credited to the CVF at the end of each fiscal year from FY2000 through FY2023.
Table 1. Crime Victims Fund (CVF): FY1985-FY2024
(dollars in millions)
Amount
Funds Made
Carryover
Fiscal
Deposited to
Enacted Cap on
Obligation Cap
Available for
CVF
Year
CVF
CVF Deposits
on CVF
Distributiona
Balance
1985
$68.3
$100.0
—
$68.3
—
1986
$62.5
$110.0
—
$62.5
—
1987
$77.5
$110.0
—
$77.5
—
1988
$93.6
$110.0
—
$93.6
—
1989
$133.5
$125.0
—
$124.2
—
1990
$146.2
$125.0
—
$127.2
—
1991
$128.0
$150.0
—
$128.0
—
1992
$221.6
$150.0
—
$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
29 While some may assume that the program that has its funding increased would be a DOJ program, this report does
not assume this and recognizes that the program could also be from another agency or department aside from DOJ.
30 34 U.S.C. §20101(c).
31
Crime Victims Fund Report, p.16.
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Amount
Funds Made
Carryover
Fiscal
Deposited to
Enacted Cap on
Obligation Cap
Available for
CVF
Year
CVF
CVF Deposits
on CVF
Distributiona
Balance
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
$2,795.5
—
$705.0
$705.
0e
$8,186.1
2013
$1,489.6
—
$730.0
$730.
0e
$9,004.0
2014
$3,591.0
—
$745.0
$745.
0e
$11,842.0
2015
$2,640.0
—
$2,361.0
$2,361.
0e
$12,130.0
2016
$1,486.4
—
$3,042.
0f
$2,574.
9g
$9,093.0
2017
$6,583.9
—
$2,573.
0f
$2,145.
0g
$13,082.0
2018
$444.8
—
$4,436.
0f
$3,851.
8g
$9,171.0
2019
$524.0
—
$3,353.
0f
$2,827.
1g
$6,448.0
2020
$503.0
—
$2,641.
0f
$2,014.
2g
$4,422.0
2021
$774.0
—
$2,015.0
$1,482.
2g
$3,193.0
2022
$822.0
—
$2,600.0
$1,914.
1g
$1,499.0
2023
$1,386.0
—
$1,900.0
$1,794.
7g
$1,019.0
2024
$662.
0h
—
$1,353.0
NA
NA
Source: FY1985-FY2024 data were provided by the Department of Justice (DOJ), Office of Justice Programs
(OJP), Office of Communications. For FY2016-FY2023, CRS calculated the amounts made available for
distribution by subtracting the management and administrative (M&A) costs and transfer amounts from the
obligation cap amounts. Obligation cap amounts are taken from appropriations law. The FY2023 obligation cap
amount was taken from the Consolidated Appropriations Act, 2023 (P.L. 117-328). The FY2024 amount
col ected into the CVF was taken from the Office for Victims of Crimes (OVC), “FY 2007 – FY 2024 Crime
Victims Fund Annual Receipts (as of 3/31/2024),” bar graph, https://ovc.ojp.gov/about/crime-victims-fund/fy-2007-
2024-cvf-annual-receipts.pdf.
Notes: The Director of OVC is authorized to set aside $50 mil ion of CVF money in the Antiterrorism
Emergency Reserve to respond to the needs of victims of the September 11, 2001, terrorist attacks, and
subsequently, to replenish any amounts expended so that not more than $50 mil ion is reserved in any fiscal year
for any future victims of terrorism and/or mass violence. These funds do not fall under the annual cap of the
CVF. Initial amounts set aside after 9/11 are reflected in footnotes b and d below, but amounts beyond those
years are not provided in this table.
a. This column refers to funds administered by OVC. From FY1985 to FY1998, deposits col ected in each
fiscal year were distributed in the fol owing fiscal year to support crime victim services. From FY1985 to
FY2002, the funds made available for distribution reflect the amounts distributed in the fol owing fiscal year.
b. FY2003 funds include $17.6 mil ion for the Antiterrorism Emergency Reserve.
c. The original cap of $625.0 mil ion was reduced due to congressional rescission.
d. FY2004 funds include $50.0 mil ion for the Antiterrorism Emergency Reserve.
e. Beginning in FY2012, OJP assessed M&A costs for some programs funded by the CVF, but these amounts
are not reflected here. See each individual program’s respective table in this report. OJP assesses M&A
costs for all Victims of Crime Act (VOCA) programs except the Children’s Justice Act and victim
compensation grant programs.
f.
From FY2016 to FY2022, Congress transferred funds from the obligation capped amount to the Office on
Violence Against Women (OVW). From FY2016 to FY2024, Congress transferred funds from the obligation
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capped amount to the DOJ Office of the Inspector General (OIG). Both amounts are reduced from the
obligation capped amount before running the VOCA formula. The amount for OIG has been $10.0 mil ion
each year from FY2015-FY2024, but the amount transferred for OVW varied. In 2016, P.L. 114-113
transferred $379.0 mil ion to OVW, and from FY2017-FY2022, P.L. 115-31 transferred $326.0 mil ion, P.L.
115-141 transferred $492.0 mil ion, P.L. 116-6 transferred $497.5 mil ion, P.L. 116-93 transferred $435.0
mil ion, P.L. 116-260 transferred $435.0 mil ion, and P.L. 117-103 transferred $575.0 mil ion, respectively.
g. The FY2016-FY2023 distribution amounts reflect the deductions of the transfers to OVW and OIG
highlighted in note f above as well as deductions for M&A costs described in the notes for
Figure 1.
h. This was the amount col ected in FY2024 as of March 31, 2024.
VOCA-Authorized Distribution of the Crime
Victims Fund
As previously discussed, OVC awards CVF money through formula and discretionary grants to
states, local units of government, individuals, and other entities. OVC also awards CVF money to
specially designated programs. Grants are allocated as required by VOCA (see
Figure 1). The
programs supported with funding from the CVF are discussed in more detail below.
Figure 1. Annual VOCA-Authorized Distribution of the Crime Victims Fund
Source: Office for Victims of Crime (OVC), “Crime Victims Fund,” https://ovc.ojp.gov/about/crime-victims-fund.
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Notes: This figure il ustrates the annual distribution process as authorized under the Victims of Crime Act
(VOCA). This figure does not reflect allocations
not authorized under VOCA. Beginning in FY2018, Congress set
aside a percentage of the annual cap (off the top) for tribal assistance grants. Congress set aside 3% for tribal
assistance grants in FY2018 and 5% each year after. Beginning in FY2012, the Office of Justice Programs (OJP)
assessed management and administrative (M&A) costs for programs funded by the Crime Victims Fund (CVF).
OJP does not assess M&A costs for the Children’s Justice Act Program and state victim compensation grants. In
FY2012, 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. In FY2013, state victim assistance grants were assessed 9.9% in M&A costs and all
other CVF-funded grants were assessed 7.4% in M&A costs. In FY2014, CVF grants were assessed a 7.9% M&A
costs. In FY2015, CVF grants were assessed 2.7% ($59.96 mil ion) in M&A costs. OJP reduced the percentage for
FY2015 due to the substantial increase in the obligation cap for that year, and has generally kept a similar
percentage over the last several years. From FY2016 through FY2023, CVF grants were assessed $78.06 mil ion,
$92.0 mil ion, $82.2 mil ion, $80.9 mil ion, $81.8 mil ion, $87.8 mil ion, $100.9 mil ion, and $95.4 mil ion,
respectively.
a. As of FY2023, there were 224 Victim Witness Coordinators supported by the CVF.
b. As of FY2023, there were 238 Victim Witness Specialists supported by the CVF.
Children’s Justice Act Program
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.32 Of the designated funds, the ACF
receives up to $17 million to manage this program for the states, while OVC distributes up to $3
million for tribal populations.33 In FY2023, the ACF received $15.2 million from the CVF to fund
the Children’s Justice Act Program
. Table 2 provides funding data from FY2019 to FY2023.34
Table 2. Annual Allocation for Children’s Justice Act Grants
(dollars in millions)
(Administrative
Agency in
Parentheses)
FY2019
FY2020
FY2021
FY2022
FY2023
State Allocation (ACF)
$15.
7a
$17.0
$17.0
$17.0
$15.
2a
Tribal Allocation (OVC)
$3.0
$3.0
$3.0
$3.0
$3.0
Source: Office of Justice Programs (OJP), Office of Communications.
Notes: ACF = Administration for Children and Families, OVC = Office for Victims of Crime.
a. The Department of Health and Human Services had carryover funding from the previous fiscal year and did
not need the ful allocation for this fiscal year.
Executive Office for U.S. Attorneys (EOUSA)
OVC provides annual funding to support victim-witness coordinators (sometimes referred to as
specialists) within each of the 93 U.S. Attorney’s Offices, and 12 victim-witness coordinators
exclusively serving Indian Country.35 In accordance with the
Attorney General Guidelines for
32 34 U.S.C. §20101(d)(2).
33 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.
34 At the time of communication between CRS and OJP, FY2024 data were not yet available.
35 34 U.S.C. §20101(d)(3).
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Victim and Witness Assistance,36 these personnel provide direct support for victims of federal
crime by assisting them during criminal proceedings and advising them 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 received from OVC from
FY2019 to FY2023.
Table 3. Annual Allocation and Full-Time Employees (FTEs) for
EOUSA Victim Witness Coordinators
(dollars in millions)
FY2019
FY2020
FY2021
FY2022
FY2023
Allocation to
EOUSA
$26.0
$25.7
$28.1
$27.9
$31.5
Number of
FTEs
193
192
192
192
224
Source: Office of Justice Programs, Office of Communications.
Notes: EOUSA = Executive Office for U.S. Attorneys. Allocation figures reflect final enacted levels including
reductions for management and administrative (M&A) costs. For more information on the M&A cost assessment
for Crime Victims Fund (CVF) programs, see the notes in
Figure 1.
Federal Bureau of Investigation (FBI)
OVC provides annual funding to support victim witness specialists within the 56 FBI field
offices.37 These specialists, or coordinators, personally assist victims of federal crime and provide
information on criminal cases throughout case development and court proceedings.38
Table 4
provides the amount of CVF funding that the FBI’s Victim Witness Program received from OVC
from FY2019 to FY2023.39
Table 4. Annual Allocation and Full-Time Employees (FTEs) for
FBI Victim Witness Specialists
(dollars in millions)
FY2019
FY2020
FY2021
FY2022
FY2023
Allocation to FBI
$29.3
$34.0
$34.8
$34.8
$43.3
Number of FTEs
186
233
233
238
238
Source: Allocations and FTE numbers were provided by the Office of Justice Programs, Office of
Communications.
Notes: Allocation figures reflect final enacted levels including reductions for management and administrative
(M&A) costs. For more information on the M&A cost assessment for Crime Victims Fund (CVF) programs, see
the notes for
Figure 1.
36 DOJ,
Attorney General Guidelines for Victim and Witness Assistance, 2022 Edition.
37 34 U.S.C. §20101(d)(3).
38 For more information on the FBI Victim Assistance Program, see DOJ,
FBI Victim Services, 2018,
https://www.fbi.gov/file-repository/fbi-victim-services-brochure-2018.pdf/view.
39 At the time of communication between CRS and OJP, FY2024 data were not yet available.
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The Victim Notification System (VNS)
OVC provides annual funding to support the VNS, a program administered by the EOUSA and
jointly operated by the FBI, EOUSA, OVC, and the Federal Bureau of Prisons.40 VNS is the
vehicle through which victims of federal crime41 are notified of major case events relating to the
offender, such as the release or detention status of the offender.42
Table 5 provides the amount of
CVF funding that the VNS received from OVC from FY2019 to FY2023.43
Table 5. Annual Allocation for Victim Notification System (VNS)
(dollars in millions)
FY2019
FY2020
FY2021
FY2022
FY2023
Allocation to
$4.9
$5.4
$6.0
$4.5
$7.0
EOUSA
Source: Office of Justice Programs (OJP), Office of Communications.
Notes: EOUSA = Executive Office of U.S. Attorneys. Allocation figures reflect final enacted levels including
reductions for management and administrative (M&A) costs. For more information on the M&A cost assessment
for Crime Victims Fund (CVF) programs, see the notes for
Figure 1.
CRS asked OJP why the VNS received more than $5 mil ion in FY2020, FY2022, and FY2023. OJP stated that the
primary drivers of increased costs are that (1) the number of agencies participating in the VNS has increased,
which increases the costs of both personnel support and equipment/software required to meet the demands;
and (2) the VNS architecture was redesigned and updated with the latest technologies and to comply with new
statutory requirements for victim notification.
Victim Compensation and Assistance
After the Children’s Justice Act, federal victim witness coordinators/specialists, and VNS
programs are funded, remaining CVF money under the obligation cap is distributed as follows:
Victim Compensation Formula Grants (47.5%); Victim Assistance Formula Grants (47.5%); and
OVC Discretionary Grants (5%).44 Amounts not used for state compensation grants are made
available for state victim-assistance formula grants.
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.45 All 50 states, the District of Columbia, the U.S. Virgin Islands,
Guam, and Puerto Rico have victim compensation programs.46 OVC awards each state 75% of
the total amount the state paid (from state funding sources) to victims in the prior fiscal year.47
40 34 U.S.C. §20101(d)(3).
41 Notifications may include whether the case is being referred to state or local authorities.
42 For more information on VNS, see https://www.notify.usdoj.gov/.
43 At the time of communication between CRS and OJP, FY2024 data were not yet available.
44 34 U.S.C. §20101(d)(4).
45 Ibid.
46 Territories and the District of Columbia are treated as states for grant eligibility and distribution purposes. See 34
U.S.C. §20101(d)(4). The Commonwealth of the Northern Mariana Islands and American Samoa do not have victim
compensation programs.
47 34 U.S.C. §20102(a). In 2021, P.L. 117-27 increased the federal grant calculation for funding to a state’s victim
compensation formula grant from 60% to 75% of the amount the state paid (from state funding sources) to victims in
the prior fiscal year.
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According to VOCA, a state is eligible to receive a victim compensation formula grant if the state
program meets the following requirements:
• offers compensation48 to victims and survivors of victims of criminal violence;
• promotes victim cooperation with reasonable requests of law enforcement
authorities;49
• certifies that grants received will not be used to supplant state funds;
• ensures that nonresident victims (as to compensable crimes occurring within the
state) receive compensation awards using the same criteria as victims residing
within the state;
• ensures that compensation provided to victims of federal crimes is given on the
same basis as the compensation given to victims of state crime;
• provides compensation to residents of the state who are victims of crimes
occurring outside the state;
• does not deny compensation to any victim because of the victim’s familial
relationship to the offender or because the victim shares a residence with the
offender;50
• does not compensate any individual who has previously been convicted of a
federal offense, if that person is delinquent in paying a fine, other monetary
penalty, or restitution imposed for the offense;
• complies with VOCA nondiscrimination requirements;
• provides a waiver51 for any application filing deadline for a crime victim if the
delay in filing the application was a result of a delay in the testing of, or a delay
in the DNA profile matching from, a sexual assault forensic examination kit or
biological material collected as evidence related to a sexual offense; and
• provides other information and assurances as the Director of OVC may
reasonably require.52
Grant funds 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
48 34 U.S.C. §20102(b)(1). Compensation is used for (1) medical expenses attributable to a physical injury resulting
from a compensable crime, including expenses for mental health counseling and care; (2) loss of wages attributable to a
physical injury resulting from a compensable crime; and (3) funeral expenses attributable to a death resulting from a
compensable crime.
49 34 U.S.C. §20102(b)(2). The program must promote victim cooperation with the reasonable requests of law
enforcement “except if a program determines such cooperation may be impacted due to a victim’s age, physical
condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the
victim’s wellbeing.”
50 A program may do this if pursuant to rules issued by the program to prevent unjust enrichment of the offender.
51 Programs must begin doing this by March 15, 2025.
52 34 U.S.C. §20102(b). Under VOCA victim compensation grant guidelines, for residents victimized outside their own
State, “[a] state must provide compensation to state residents who are victims of crimes occurring outside the state if
the crimes would be compensable crimes had they occurred inside that state and the crimes (1) occurred in a state
without an eligible VOCA crime victim compensation program, or (2) in cases of terrorism, occurred outside the
territorial jurisdiction of the United States. The state must make these awards according to the same criteria used to
make awards to those who are victimized while in the state.” For nonresidents of a state, “the state, in making awards
for compensable crimes occurring within the state, must make compensation awards to nonresidents of the state on the
basis of the same criteria used to make awards to victims who are residents of the state.” See DOJ, “Victims of Crime
Act Victim Compensation Program,” 66
Federal Register 27162, May 16, 2001.
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(except property loss, with limited exceptions)53 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. In FY2021 and FY2022, 32%, or $228.9 million, of the total payments were
for medical and dental expenses.54 According to OVC data, assault victims generally represent the
highest percentage of victims receiving compensation each year; however, in FY2021 and
FY2022 child sexual abuse victims were the highest.55 In FY2021 and FY2022, victims of child
sexual abuses represented 31% of all claims paid56 and victims of assault represented 26%.57
On February 5, 2024, OVC published a Notice of Proposed Rulemaking to propose changes and
generally replace the existing Victim Compensation Guidelines published in 2001. While the
proposed rule would retain most of the substance of the existing guidelines, it would also account
for various statutory changes and clarify existing provisions.58
Table 6 provides the amount of CVF funding that was allocated to OVC’s Victim Compensation
Program from FY2019 to FY2023.59
Table 6. Annual Allocation for Victim Compensation Grant Program
(dollars in millions)
FY2019
FY2020
FY2021
FY2022
FY2023
Allocation for
Compensation
$135.4
$133.9
$186.8
$177.8
$169.9
Grants
Source: Office of Justice Programs, Office of Communications.
Victim Assistance Formula Grant Program
The other 47.5% of the remaining annual CVF money (se
e Figure 1) is for the Victim Assistance
Formula Grants Program (Victim Assistance Program). Amounts not used for state compensation
grants are made available for the Victim Assistance Program. The Victim Assistance Program
provides grants to state crime-victim assistance programs to administer funds for state- and
community-based victim service program operations.60 The grants support direct services to
53 The Final Guidelines for the VOCA Victim Compensation Grant Program clarify that states may not include
property replacement or repair cost as compensable expenses,
except for replacement or repair of locks and windows,
and replacement of bedding and clothing held as evidence, in their annual certification of payments. See Section IV.
B.2 (b) (ii) 4 & 5.
54 Medical and dental services do not include mental health services. OVC records these mental health costs in a
separate category. For additional compensation data, as well as the number of victims served, by victim types and
service categories, see DOJ, OJP, OVC,
2023 Report to the Nation, Exhibit 4, https://ovc.ojp.gov/2023-report-nation/
exhibits.
55 OVC,
Performance Reports and
2023 Report to the Nation. The 16 crimes for which grantees provided funding to
claimants are assault, sexual assault, stalking, child sexual abuse, child pornography, homicide, child physical
abuse/neglect, driving under the influence, other vehicular crimes, arson, burglary, fraud/financial crimes, robbery,
human trafficking, kidnapping, and terrorism. See OVC,
Victims of Crime Act Victim Compensation Formula Grant
Program, Fiscal Year 2020 Data Analysis Report, p.11; and
2023 Report to the Nation, Exhibit 3.
56 Of the total applications paid that indicated that a victimization type was related to a crime.
57 OVC,
2023 Report to the Nation, Exhibit 3.
58 OVC, “Victims of Crime Act (VOCA) Victim Compensation Grant Program: A Proposed Rule by the Justice
Programs Office,” 89
Federal Register 7639-7652, February 5, 2024.
59 At the time of communication between CRS and OJP, FY2024 data were not yet available.
60 34 U.S.C. §20103(c).
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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.61 States
are required to prioritize the following groups: (1) underserved populations of victims of violent
crime,62 (2) victims of child abuse, (3) victims of sexual assault, and (4) victims of spousal
abuse.63 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.64 The territories of the Northern Mariana Islands, Guam, and American
Samoa receive a base amount of $200,000 each year.65 The remaining funds are distributed to
states and territories according to their respective share of the total population based on U.S.
census dat
a. Table 7 provides the amount of CVF funding that OVC allocated for the Victim
Assistance Program from FY2019 to FY2023.66
Table 7. Annual Allocation for Victim Assistance Grant Program
(dollars in millions)
FY2019
FY2020
FY2021
FY2022
FY2023
Allocation for
Assistance Grants
$2,253.3
$1,668.3
$1,041.2
$1,434.3
$1,349.7
Source: Office of Justice Programs, Office of Communications.
Notes: Allocation figures reflect final enacted levels including reductions for management and administrative
(M&A) costs. For more information on the M&A cost assessment for Crime Victims Fund (CVF) programs, see
the notes for
Figure 1.
According to OVC, domestic or family violence victimizations made up the largest victimization
type among those receiving services under the Victim Assistance Program in FY2021 and
FY2022; 23% of the victims served by these grants reported family or domestic violence
victimization.67 This percentage has declined since 2000, when 50.1% of all victims served by the
victim assistance grants were victims of domestic or family violence.68
61 For the most recent rule implementing the Victim Assistance Program, see OVC, “Victims of Crime Act Victim
Assistance Program,” 81
Federal Register 44515-44535, July 8, 2016.
62 States have flexibility in determining the populations of victims of violent crimes that are considered underserved in
their respective states.
63 34 U.S.C. §20103(a).
64 34 U.S.C. §20103(a)(5)(A).
65 34 U.S.C. §20103(a)(5)(B). While the Republic of Palau is listed as an authorized recipient of victim assistance
formula grant funds, this country does not receive victim assistance formula grant funds from OVC. For the history of
Palau’s relationship with the United States, see CRS Report R46573,
The Freely Associated States and Issues for
Congress.
66 At the time of communication between CRS and OJP, FY2024 data were not yet available.
67 OVC,
2023 Report to the Nation, Exhibit 5. Victim assistance organizations provided assistance to 31,388,852
individuals in FY2021 and FY2022. Victims served could report more than one type of victimization, and the total
includes individuals that have been counted in multiple victimization types.
68 OVC,
2000 Victims of Crime Act Performance Report, State Assistance Program. For additional annual reports on
the Victim Assistance Formula Grants Program, see https://ovc.ojp.gov/program/victims-crime-act-voca-
administrators/performance-reports.
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The Effect of the Fluctuating Obligation Cap on States’ Victim Assistance Funds
Fluctuations in the annual CVF obligation cap affect the amount made available for the Victim
Assistance Program more than any other VOCA program. As shown i
n Table 1, the CVF annual
obligation cap has fluctuated considerably since Congress sharply increased the cap in FY2015.
In FY2015, Congress set the obligation cap at $2.361 billion—more than triple the amount set in
FY2014. Due to this increase, in FY2015 states received more than quadruple the victim
assistance formula grant funds they received in FY2014. For example, in FY2014 Texas received
$35.92 million in victim assistance formula grant funds, and in FY2015 it received $161.83
million. Since that initial sharp increase, the amount Texas has received in victim assistance funds
has ranged from a high of $284.10 million in FY2018 to a low of $68.28 million in FY2024.69 To
accommodate decreases in victim assistance formula funding, some states reduce funding for
organizations that provide direct services to victims (and warn of consequences for victims of
crime).70
Discretionary Grants
Five percent of the CVF money available annually (after the specially designated program
allocations have been made; se
e Figure 1) is for discretionary grants.71 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; or (3) nonprofit victim
service organizations and coalitions to improve outreach and services to victims of crime.72
Further, OVC may use discretionary grant funding to support the development and
implementation of victim notification systems73 and crime victims legal assistance grants.74 OVC
awards discretionary grants each year through a competitive application process.75
Table 8 provides the amount of CVF funding that OVC allotted for discretionary grants from
FY2019 to FY2023.76
69 Data taken from OVC,
Funding, https://ovc.ojp.gov/funding/formula-grant-allocations-archive and
https://ovc.ojp.gov/funding/fy-2024-voca-compensation-allocation.pdf.
70 National Association of Attorneys General,
RE: Support Bridge Funding for VOCA Fund, https://www.naag.org/wp-
content/uploads/2024/02/VOCA-Funding-_-Finale.pdf.
71 34 U.S.C. §20101(d)(4).
72 34 U.S.C. §20103(c).
73 34 U.S.C. §20108(a). These grants may be awarded to state, tribal, and local prosecutors’ offices, law enforcement
agencies, courts, jails, and correctional institutions, and to qualified public or private entities provided that the
jurisdiction has laws substantially equivalent to the crime victims’ rights provisions of 18 U.S.C. Chapter 237. In
contrast to the federal VNS, which notifies victims of federal crime, state and local victim notification systems notify
victims of state and local crime.
74 34 U.S.C. §20107(a). These grants may be awarded to state, tribal, and local prosecutors’ offices, law enforcement
agencies, courts, jails, and correctional institutions, and to qualified public and private entities, to develop, establish,
and maintain programs for the enforcement of crime victims’ rights.
75 For more information on discretionary programs, see https://ovc.ojp.gov/funding/types-of-funding/discretionary-
grants.
76 At the time of communication between CRS and OJP, FY2024 data were not yet available.
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Table 8. Annual Allocation for Discretionary Grants
(dollars in millions)
FY2019
FY2020
FY2021
FY2022
FY2023
Allocation for Discretionary Grants
$125.9
$94.9
$64.6
$84.9
$80.0
Source: Office of Justice Programs, Office of Communications. Allocation figures reflect final enacted levels
including reductions for management and administrative (M&A) costs. For more information on the M&A cost
assessment for Crime Victims Fund (CVF) programs, see the notes for
Figure 1. Notes: The allocations reflect the funds allocated for discretionary grants, but not necessarily committed, to
discretionary grants. For example, in FY2022 $84.7 mil ion was committed for discretionary grants ($212,000
less than the annual allocation).
Survivors’ Bill of Rights Act of 2016
The Survivors’ Bill of Rights Act of 2016 (P.L. 114-236) established statutory rights for sexual
assault survivors in the federal justice system.77 The act requires CVF funds made available to
U.S. Attorneys and the FBI (see
“Executive Office for U.S. Attorneys (EOUSA)” and “Federal
Bureau of Investigation (FBI)”)78 for victim and witness assistance to be used to carry out the
requirements of the act, subject to specified exceptions. Further, it authorized OVC to make
grants to states (using discretionary grant funds) to develop sexual assault survivors’ rights and
policies and to disseminate written notice of such rights and policies to medical centers, hospitals,
forensic examiners, sexual assault service providers, law enforcement agencies, and other state
entities.
Antiterrorism Emergency Reserve
The Antiterrorism Emergency Reserve was established under P.L. 104-132 to meet the immediate
and long-term needs of victims of terrorism and mass violence.79 OVC accomplishes this mission
by providing supplemental grants to state and local jurisdictions (where an incident has occurred)
for victim compensation and assistance and 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 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, 2001, 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.80 After funding all other program
77 18 U.S.C. §3772. These rights include the right to (1) not be prevented from receiving a forensic medical
examination and not be charged for an examination; (2) have a sexual assault evidence collection kit (i.e., a rape kit)
preserved for 20 years or the maximum applicable statute of limitations, whichever is shorter; (3) be informed of any
result, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic
examination, if such disclosure would not impede or compromise an ongoing investigation; (4) be informed of policies
governing the collection and preservation of a rape kit and the status and location of a rape kit; (5) receive written
notification prior to destruction or disposal of a rape kit; and (6) be informed of these rights and policies.
78 34 U.S.C. §20101(d)(3).
79 P.L. 104-132, Title II, Subtitle C.
80 34 U.S.C. §20101(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).
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areas, as listed above, the funds retained in the CVF may be used to replenish the Antiterrorism
Emergency Reserve.81 This reserve fund supports the following programs:
• Antiterrorism and Emergency Assistance Program (AEAP),
• International Terrorism Victim Expense Reimbursement Program,
• Crime Victim Emergency Assistance Fund at the FBI, and
• Victim Reunification Program.
Table 9 provides the amounts of funding that OVC has committed from the Antiterrorism
Emergency Reserve from FY2018 to FY2023.82
Table 9. Funds Obligated from the Antiterrorism Emergency Reserve
(dollars in millions)
FY2019
FY2020
FY2021
FY2022
FY2023
Obligations for Programs Funded
by the Antiterrorism Emergency
$26.8
$25.5
$6.8
$19.4
$18.31
Reserve
Source: Office of Justice Programs (OJP), Office of Communications.
Notes: Funds may be obligated to the fol owing programs that are funded by the Antiterrorism Emergency
Reserve: Antiterrorism and Emergency Assistance Program, International Terrorism Victim Expense
Reimbursement Program, Crime Victim Emergency Assistance Fund at the FBI, and Victim Reunification
Program. For grant award data, see OJP, “OJP Award Data,” https://www.ojp.gov/funding/explore/ojp-award-
data.
Assistance for Victims of Terrorism and Mass Violence
Over the past few years, OVC has responded to several incidents of terrorism and/or mass
violence in the United States with grants from the AEAP. Following incidents of terrorism or
mass violence, jurisdictions83 may apply for AEAP funds for crisis response, criminal justice
support, crime victim compensation, and training and technical assistance expenses. In 2024, for
example, OVC awarded $3.49 million to the Colorado Department of Public Safety to support
victims of the November 19, 2022, mass shooting in Colorado Springs where a gunman killed 5
people and injured 32 others.84 Funding supported “counseling and other mental health-related
services to victims and their families and other support for victims through the Colorado Springs
Resiliency Center and the National Alliance on Mental Health (NAMI).”85
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 respond to the needs of victims of the attack.
The OVC awarded $3.1 million in victim assistance funding and $13.5 million in victim
81 These funds do not fall under the annual cap of the CVF.
82 At the time of communication between CRS and OJP, FY2024 data were not yet available.
83 Eligible applicants include state victim assistance and victim compensation programs, U.S. Attorneys’ offices, victim
service and nongovernmental organizations, and federal, state, and local governments.
84 OVC,
OVC FY24 AEAP Club Q, https://ovc.ojp.gov/funding/awards/15povc-24-gg-00003-aerx.
85 Ibid.
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compensation funding86 to the states of New York, Virginia, and Pennsylvania.87 The funds were
used by these states to coordinate and provide emergency assistance to victims in the form of
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,
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.88
• 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.89
• 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; and news releases.90
Child Pornography Victims Reserve
The Child Pornography Victims Reserve was established under the Amy, Vicky, and Andy Child
Pornography Victim Assistance Act of 2018 (AVAA; P.L. 115-299).91 Among other changes, the
act authorized a one-time $35,000 payment (adjusted for inflation) to victims of child
pornography trafficking offenses. The Child Pornography Victims Reserve was established within
the Crime Victims Fund to provide funding for these payments. The act requires courts to impose
additional assessments on persons convicted of child pornography offenses,92 and the additional
assessments must be deposited into the Child Pornography Victims Reserve.
The Director of OVC may set aside up to $10 million of the amounts remaining in the CVF in
any fiscal year (after distributing the amounts for VOCA programs listed in
Figure 1) in the Child
Pornography Victims Reserve, which may be used by the Attorney General for payments under
18 U.S.C. §2259(d). Amounts in the reserve may be carried over from fiscal year to fiscal year,
86 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).
87 OVC,
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.
88 Ibid, p. 5.
89 Ibid, p. 5.
90 Ibid, p. 5.
91 The Child Pornography Victims Reserve was established under section 1402(d)(6) of VOCA (34 U.S.C. §20101(d)).
92 These offenses include conduct proscribed by 18 U.S.C. §§2251(d), 2252, 2252A(a)(1) through (5), 2252A(g)(in
cases in which the series of felony violations exclusively involves violations of §§2251(d), 2252, 2252A(a)(1) through
(5), or 2260(b)), or 2260(b).
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but the total amount of the reserve shall not exceed $10 million.93 From FY2020–FY2023,
approximately $2 million has been collected from AVAA assessments, but none of these funds
have been used.94
Distribution of Crime Victim Fund Not Authorized
by VOCA
In FY2015, Congress began to distribute CVF money for non-VOCA purposes through the
annual appropriations process.
• From FY2015 through FY2024, Congress designated $10 million of CVF funds
for the DOJ OIG for oversight and auditing purposes.
• From FY2016 through FY2022, Congress directed the transfer of CVF funds to
OVW for grant programs authorized under the Violence Against Women Act
(VAWA).95
• In FY2018, Congress set aside 3% of the amount made available for obligation
for tribal victim assistance grants. From FY2019 to FY2024, Congress set aside
5% for this purpose.
Unlike the funds transferred to the DOJ OIG and OVW, the funds for tribal victim assistance
grants—known as the Crime Victims Fund Tribal Set-Aside Program—are administered by OVC.
Crime Victims Fund Tribal Set-Aside Program
During the first two years of the Crime Victims Fund Tribal Set-Aside Program (FY2018 and
FY2019) OVC distributed the funds as competitive grant awards with a 36-month project period
to all eligible applicants. Eligible applicants included federally recognized Indian tribal
governments, legal entities acting as the authorized designees of federally recognized Indian
tribes, and tribal consortia made up of two or more federally recognized Indian tribes. Beginning
in FY2020 and each year since, OVC distributed these funds according to a population-based
formula. Eligible applicants are required to submit a declaration, referred to as a Population
Certificate, noting the size of the population to be served with the funds. Recipients may use these
funds for victim services and choose an award period between 12 and 60 months.96
Table 10 provides the amounts of funding Congress allocated for the Tribal Assistance Grants
from FY2020 to FY2024.
93 34 U.S.C. §20101(d)(6).
94 OJP, Office of Communications. According to OJP, OVC is working with DOJ leadership to help with
implementation of required elements of the AVAA that will lead to and help support applications for and the
processing and payment of claims.
95 For more information on grant programs authorized under the Violence Against Women Act, see CRS Report
R45410,
The Violence Against Women Act (VAWA): Historical Overview, Funding, and Reauthorization.
96 For more information about this program, see OVC,
Report on the OVC Fiscal Year 2023 Crime Victims Fund Tribal
Set-Aside Program, https://ovc.ojp.gov/program/tribal/tribal-victim-services-set-aside/fy-2023-report.pdf.
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Table 10. Annual Allocation for Tribal Assistance Grants
(dollars in millions)
FY2020
FY2021
FY2022
FY2023
FY2024
Allocation for
Tribal Assistance
$132.1
$100.8
$130.0
$95.0
$67.7
Grants
Source: Percentage calculated by CRS using the annual Crime Victims Fund (CVF) obligation cap data.
Selected Issues for Congress
Congress may consider several issues given the declining balance of the CVF since 2017 and its
effect on funds available for VOCA programs from year to year as well as other considerations
involving VOCA programs. These issues include (1) funding activities not authorized by VOCA,
(2) eliminating or adjusting the calculation of the obligation cap, (3) eliminating the CVF and
switching to discretionary appropriations, and (4) sources of revenue for the CVF.
Funding Activities Not Authorized by VOCA
VOCA Assistance Administrators have voiced concern that fluctuations in annual obligations can
directly affect 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 management and administrative (M&A) costs cause a reduction in
funding available for victim assistance formula grants and discretionary grants.
Congress may consider whether to continue to use receipts from the CVF to fund activities that
are not authorized by VOCA. Congress did not elect to fund VAWA programs with CVF funds in
FY2023 and FY2024, but it continues to use the CVF for OIG auditing purposes. Congress also
continues to use the CVF to fund victim assistance programs for tribes by allocating 5% of the
initial obligation cap amount for the Crime Victims Fund Tribal Set-Aside Program. Congress
might consider adjusting amounts for non-VOCA purposes, considering the declining balance of
the CVF. Alternatively, Congress could amend VOCA to create permanent authorizations for
these purposes. Further, Congress could appropriate funds to cover OVC’s M&A costs instead of
having these costs covered with funds from the CVF.
Eliminating or Adjusting the Calculation of the Obligation Cap
Congress could decide to eliminate or adjust the calculation of the CVF annual obligation cap. If
Congress should decide to eliminate the cap and allow all collected funds to be distributed in a
given fiscal year, the fiscal issues for states that are caused by fluctuating amounts in victim
assistance funds would likely continue and possibly be made more severe.
Congress may also alter the way it determines the annual obligation cap on the CVF, and there are
any number of ways that Congress may adjust its calculations. Congress is limited by the balance
of the CVF, and may only set an obligation cap that is equal to or below the balance of the Fund.
Eliminating the CVF
Given that changes in the CVF balance and obligation cap cause fluctuations in victim assistance
funds available for states, territories, and tribes, Congress might consider eliminating the Fund
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altogether. Instead, Congress could authorize and appropriate annual funds from the Treasury for
VOCA programs to provide more consistent funding each year.
Revenue for the Fund
In 2021, Congress and President Biden enacted P.L. 117-27, which requires monetary penalties
from federal deferred prosecution and nonprosecution agreements to be deposited in the CVF.
While the CVF has received this new revenue since July 2021, the declining balance of the CVF
since 2017 and the ability to sustain stable funding for VOCA programs remain issues for
Congress.
Congress might consider further increasing revenue for the CVF by increasing federal criminal
fines. Some federal criminal fines have not been adjusted in decades, and Congress could increase
the fine amounts to adjust for inflation and possibly provide more funding for the CVF. For
example, in 1982 Congress and President Reagan increased the maximum criminal fine for
attempting to evade or defeat taxes from $10,000 to $100,000 for individuals and established a
$500,000 maximum criminal fine for corporations.97
Author Information
Lisa N. Sacco
Analyst in Illicit Drugs and Crime Policy
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material.
97 See P.L. 97-248 and 26 U.S.C. §7201.
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