Federal Assistance for Victims of Terrorism or Mass Violence: In Brief

Following incidents of terrorism or mass violence in the United States, jurisdictions and individuals may be eligible to receive various types of victim assistance both directly from the Department of Justice (DOJ) and indirectly from DOJ through their respective state victim assistance agencies or other programs. While circumstances in some incidents may result in a jurisdiction’s eligibility for assistance from other federal departments, such as Department of Education grants awarded to Newtown Public School District in recovery efforts from the Newtown, CT, elementary school shooting, this report focuses solely on assistance available from DOJ’s Office for Victims of Crime (OVC)—the primary federal assistance available to victims of terrorism or mass violence.

As authorized by the Victims of Crime Act (VOCA, P.L. 98-473), the OVC supports several federal programs that may assist victims of terrorism or mass violence. Grant programs include the victim assistance and victim compensation formula grant programs and the Antiterrorism and Emergency Assistance Program (AEAP). Other programs and operations directly assist victims, including the Victim Assistance Program at the Federal Bureau of Investigation (FBI), victim witness assistance at the Offices of the U.S. Attorneys, the International Terrorism Victim Expense Reimbursement Program (ITVERP), the Victim Reunification Travel Program, and various supplemental grants to and agreements with agencies and organizations that provide assistance to victims of terrorism or mass violence.

These activities are funded by the Crime Victims Fund (CVF), an account within the U.S. Treasury that is not funded through traditional appropriations but largely through the collection of federal criminal fines. At the end of FY2015, the balance of the CVF was over $12 billion. The Director of the OVC is authorized to set aside $50 million of CVF money in the Antiterrorism Emergency Reserve, which funds operations that support victims of terrorism and mass violence. From FY2014 through July 2016, the OVC has distributed $42.2 million toward activities funded by the Antiterrorism Emergency Reserve in response to incidents including, but not limited to, the Boston Marathon bombing, Newtown school shooting, and Charleston church shooting.

Federal Assistance for Victims of Terrorism or Mass Violence: In Brief

August 3, 2016 (R44579)
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Summary

Following incidents of terrorism or mass violence in the United States, jurisdictions and individuals may be eligible to receive various types of victim assistance both directly from the Department of Justice (DOJ) and indirectly from DOJ through their respective state victim assistance agencies or other programs. While circumstances in some incidents may result in a jurisdiction's eligibility for assistance from other federal departments, such as Department of Education grants awarded to Newtown Public School District in recovery efforts from the Newtown, CT, elementary school shooting, this report focuses solely on assistance available from DOJ's Office for Victims of Crime (OVC)—the primary federal assistance available to victims of terrorism or mass violence.

As authorized by the Victims of Crime Act (VOCA, P.L. 98-473), the OVC supports several federal programs that may assist victims of terrorism or mass violence. Grant programs include the victim assistance and victim compensation formula grant programs and the Antiterrorism and Emergency Assistance Program (AEAP). Other programs and operations directly assist victims, including the Victim Assistance Program at the Federal Bureau of Investigation (FBI), victim witness assistance at the Offices of the U.S. Attorneys, the International Terrorism Victim Expense Reimbursement Program (ITVERP), the Victim Reunification Travel Program, and various supplemental grants to and agreements with agencies and organizations that provide assistance to victims of terrorism or mass violence.

These activities are funded by the Crime Victims Fund (CVF), an account within the U.S. Treasury that is not funded through traditional appropriations but largely through the collection of federal criminal fines. At the end of FY2015, the balance of the CVF was over $12 billion. The Director of the OVC is authorized to set aside $50 million of CVF money in the Antiterrorism Emergency Reserve, which funds operations that support victims of terrorism and mass violence. From FY2014 through July 2016, the OVC has distributed $42.2 million toward activities funded by the Antiterrorism Emergency Reserve in response to incidents including, but not limited to, the Boston Marathon bombing, Newtown school shooting, and Charleston church shooting.


Federal Assistance for Victims of Terrorism or Mass Violence: In Brief

Introduction

Following incidents of terrorism or mass violence in the United States, jurisdictions and individuals may be eligible to receive various types of victim assistance both directly from the Department of Justice (DOJ) and indirectly from DOJ through their respective state victim assistance agencies or other programs. While circumstances in some terrorism or mass violence incidents may make a jurisdiction or organization eligible for assistance from other federal departments,1 this report focuses solely on assistance available from DOJ's Office for Victims of Crime (OVC).

The Crime Victims Fund

In 1984, the Crime Victims Fund (CVF) was established by the Victims of Crime Act (VOCA) to provide funding for state victim compensation and assistance programs. Since 1984, VOCA has been amended several times to support additional victim-related activities including assistance and compensation for victims of terrorism. For more details on the funding, distribution, and other issues surrounding the CVF, see CRS Report R42672, The Crime Victims Fund: Federal Support for Victims of Crime, by [author name scrubbed].

As authorized by the Victims of Crime Act (VOCA),2 the OVC supports several federal programs that may assist victims of terrorism or mass violence. The OVC awards funds through formula and discretionary grants to states, local units of government, individuals, and other entities with the primary purpose of assisting victims. These programs are funded by the Crime Victims Fund (CVF)—an account within the U.S. Treasury that is not funded through traditional appropriations3 but largely through the collection of federal criminal fines.4 The Director of the OVC is authorized to set aside $50 million of CVF money in the Antiterrorism Emergency Reserve, which funds OVC-administered programs that support victims of terrorism or mass violence.5

This report examines CVF-funded assistance for victims of terrorism or mass violence. It includes discussion of programs that broadly cover crime victim assistance and programs that are specifically designed to address terrorism or mass violence. It also includes a discussion of how these programs have assisted victims of various incidents of terrorism or mass violence over the last several years.

DOJ Programs that Support Victims of Terrorism or Mass Violence

Several DOJ programs may be used to assist jurisdictions in responding to the needs of victims following incidents of terrorism or mass violence. Grant programs include the victim assistance and victim compensation formula grant programs and the Antiterrorism and Emergency Assistance Program (AEAP).6 Other programs and operations directly assist victims, including the Victim Assistance Program at the Federal Bureau of Investigation (FBI), victim witness assistance at the Offices of the U.S. Attorneys, the International Terrorism Victim Expense Reimbursement Program (ITVERP) and the Victim Reunification Travel Program at the OVC, and various supplemental grants to and agreements with agencies and organizations that provide assistance to victims of terrorism or mass violence.7

Victim Assistance Formula Grant Program

Charleston Church Shooting

After the Charleston, SC, shooting incident in June 2015, DOJ was able to expedite FY2015 victim assistance formula grant funds ($29.4 million) to South Carolina because the state had already submitted its application for FY2015 victim assistance formula grant funding. Some media articles falsely reported that South Carolina immediately received a special DOJ grant when, in fact, South Carolina would have received these assistance funds regardless of the shooting incident.8

Victim assistance formula grant program funds may be used by states to immediately respond with victim services in the event of a large-scale incident such as the shooting that occurred in Charleston, SC, in June 2015. States use these funds to support crime victim assistance programs that provide direct services to crime victims.9 Eligible services, activities, and costs include the following:

  • those that respond to the immediate emotional and physical needs (excluding medical care) of crime victims such as crisis intervention,
  • mental health assistance,
  • assistance with participation in criminal justice proceedings,
  • forensic examinations,
  • costs necessary and essential for providing direct services such as pro-rated costs of rent and transportation costs for victims to receive services,
  • special services such as assisting victims in recovering property retained as evidence,
  • personnel costs directly related to providing direct services, and
  • restorative justice, which includes opportunities for crime victims to meet with perpetrators.

Other allowable costs, such as training and advanced technologies, are listed in the Final Program Guidelines for the Victim Assistance Grant Program.10

Each year in support of victim assistance programs, states and territories receive a base amount11 plus the remaining funds available after all other CVF-funded programs have received funding—this remaining amount is distributed based on population.12 In FY2016, $2.22 billion in victim assistance grant funds was distributed to the states, territories, and the District of Columbia.13 In FY2015 and FY2016, victim assistance grants were substantially increased as the annual obligation cap on the CVF was tripled for FY2015 ($2.361 billion) and increased further in FY2016 ($3.042 billion). Victim assistance grant award project periods span several years. For example, the project period for FY2016 victim assistance grants is October 1, 2015, through September 30, 2019.14

Victim Compensation Formula Grant Program

Victim Compensation Claims for Terrorism

From FY2011 through FY2014, there were 274 paid claims totaling to $902,710 for victims' expenses related to terrorism.15 These claims were paid for using state victim compensation programs that receive funds from the OVC's victim compensation formula grant program.

Victim compensation formula grant funds may be used to help victims offset the costs of expenses related to incidents of terrorism or mass violence, including 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.16 Victims are reimbursed for crime-related expenses that are not covered by other resources, such as private insurance. Maximum reimbursement amounts vary widely from state to state. For example, California set its maximum reimbursement at $63,000 on a single application while Virginia set its maximum award at $25,000.17

The OVC awards each eligible state victim compensation program18 an annual grant equal to 60% of what the state spent in state-funded benefits in the previous two years.19 Like victim assistance grants, victim compensation award project periods span several years. In FY2016, $125.4 million in victim compensation grant funds was distributed to the states, territories,20 and the District of Columbia.21

DOJ Activities Funded by the 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 or mass violence.22 The Director of the OVC was 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 or mass violence.23 Of note, these funds do not fall under the annual obligation cap of the CVF,24 but rather funds retained in the CVF may be used to replenish the Antiterrorism Emergency Reserve. This reserve fund supports the Antiterrorism and Emergency Assistance Program (AEAP), the International Terrorism Victim Expense Reimbursement Program (ITVERP), the Crime Victim Emergency Assistance Fund, the Victim Reunification Program, and other activities in support of victims of mass violence or terrorism.

In addition, the Antiterrorism Emergency Reserve supports other activities such as supplemental grants to other entities25 to provide emergency relief (e.g., crisis response efforts, assistance, compensation, training and technical assistance, and ongoing assistance, including during any investigation or prosecution) to victims of terrorist acts or mass violence occurring within the United States.


Antiterrorism and Emergency Assistance Program (AEAP)

AEAP and the Newtown School Shooting

In response to the shooting that occurred at Sandy Hook Elementary School in Newtown, CT, in December 2012, the OVC awarded two AEAP grants to the Connecticut Judicial Branch: one for $1.5 million to support crisis response and one for $7.1 million to support consequence management. The OVC also awarded a $775,914 AEAP grant to the town of Newtown for additional consequence management expenses.26

The OVC may respond to incidents of terrorism or mass violence with grants from the AEAP. Following these incidents, the OVC verifies that an act of terrorism27 or mass violence28 has resulted in a significant number of victims being injured or killed. It then contacts the relevant state's VOCA administrative office and advises the administrator that AEAP resources may be available. In cases of terrorism or mass violence outside the United States, the OVC will determine which organizations or agencies within the United States may apply for funding.29 Eligible applicants include U.S. Attorneys' Offices; federal, state, and local governments (including state victim assistance and compensation programs); and nongovernmental victim service organizations.30 AEAP funds may be used for the following types of assistance:

  • crisis response,
  • consequence management,
  • criminal justice support,
  • crime victim compensation, and
  • training and technical assistance.

See Table A-1 for award amounts distributed under the AEAP from FY2014 through July 2016.

Other Antiterrorism Emergency Reserve-Funded Activities

In addition to the AEAP, the Antiterrorism Emergency Reserve funds several other programs and operations that support victims of terrorism or mass violence. These programs and operations include the following:

  • The International Terrorism Victim Expense Reimbursement Program (ITVERP)—Through ITVERP, the OVC reimburses victims of international terrorism and their families for expenses related to medical and mental health care, a funeral and burial, repatriation of the victim's remains, property loss, and other expenses including emergency travel.31
  • Crime Victim Emergency Assistance Fund at the FBI—With support from this fund, the FBI's Office for Victim Assistance provides support and emergency assistance to victims of terrorism or mass violence.32
  • Victim Reunification Program—Through this program, the OVC33 assists parents whose children are illegally taken across U.S. borders by a spouse or biological parent. Support includes services such as payment of transportation expenses required to attend a court proceeding with the child, translation of documents related to court hearings and the reunification process, and counseling support to prepare the parents for reunification and minimize the trauma for the child.34
  • Interagency Agreements—The OVC contracts with and reimburses other agencies, including federal agencies, to provide assistance and compensation to victims of terrorism acts or mass violence occurring within the United States.35
  • Special Masters Claims—The OVC funds reimbursement for federal court special masters36 in certain terrorism-related civil lawsuits.37

Funds from the Antiterrorism Emergency Reserve have supported most of these listed activities over the last several years. See the Appendix for further details on use of these funds.

Appendix. Funded Activities under the Antiterrorism Emergency Reserve, FY2014 through July 2016

This appendix includes award data for the past three fiscal years to illustrate how the Antiterrorism Emergency Reserve has been used to assist victims of terrorism or mass violence. Table A-1 includes awards made under the Antiterrorism and Emergency Assistance Program (AEAP) from FY2014 through July 2016. Table A-2 includes all other activities funded by the Antiterrorism Emergency Reserve from FY2014 through July 2016.

Table A-1. Awards Made under the Antiterrorism and Emergency Assistance Program

FY2014-July 2016

Recipient

Grant Project Description

Amount

Date Awarded or Obligated

Newtown, CT (Sandy Hook Elementary School); Connecticut Judicial Branch—Crisis Response Grant only

Grant to organizations providing crisis intervention services, trauma-informed care, select victim-related law enforcement support, and some costs in moving students from Sandy Hook to a new school location to help ensure students and families feel safe and secure.

$1,519,713

12/12/2013

Boston, MA; Massachusetts Office for Victim Assistance

Covers costs for organizations providing crisis intervention services and trauma-informed care, continuum of care, socioeconomic support, wrap-around legal services, and other assistance essential to victim healing. Estimated 1,000+ victims will receive support.

$8,355,648

1/13/2014

Newtown, CT (Sandy Hook Elementary School); Connecticut Judicial Branch—Consequence Management Grant only

This award funds organizations providing counseling and other mental health services; other services essential to victim healing; select victim-related law enforcement support; and select school hardening costs to help students feel safe and secure.

$7,133,692

6/13/2014

Chicago Department of Public Health (DPH)

Chicago DPH, with its Office of Violence Prevention and other city offices, Chicago Police Department (CPD), Thresholds, and Chicago Citizens for Change to support development and implementation of critical augmentations to CPD's Victims of Violence Initiative, specifically a new, essential component called Crisis Response and Recovery (CRR). CRR is designed to help residents living in CPD districts with high rates of homicides in recent years who are experiencing resultant trauma and cyclical violence. CRR proposes to improve crisis recovery outcomes for survivor families.

$2,000,000

9/26/2014

Chicago Police Department

CPD's goal is to improve community safety in the six target districts of Chicago and to improve the perception of residents in those districts that their communities are indeed safer. Overtime for CPD to patrol communities is a core component of this grant along with a two-year initiative to expand a custom notification program. This will highlight targeted services to victims of public violence and who are at extremely high risk to be involved in retaliatory violence and additional victimization.

$3,000,000

9/26/2014

Newtown, CT (Sandy Hook Elementary School); Town of Newtown

Support the victims of the December 2012 Sandy Hook Elementary School shooting. Provide mental health services and other support for victims including enhanced safety and security at the schools and parks, and reimburse the United Way for the support they provided to victims.

$775,914

12/5/2014

Washington State Department of Commerce, Office of Crime Victims Advocacy—Award for both Crisis Response and Consequence Management

9th grade student shot 5 fellow students on 10-24-14 at the Marysville-Pilchuck high school in Marysville, WA. Only one student survived and the shooter also took his own life. Funding to cover costs for organizations providing crisis intervention services and trauma-informed care, continuum of care, and other assistance essential to healing for victims, witnesses, and first responders involved in the tragedy.

$2,145,327

10/23/2015

National Crime Victims Research and Treatment Center, Medical University of South Carolina (in response to the AME Church shooting on 6/17/15)

This award will support crisis response, consequence management, and criminal justice victim services, both incurred and anticipated, for organizations providing crisis intervention services and trauma-informed care, continuum of care, and other assistance essential for victims, witnesses, and first responder healing.

$3,611,088

6/2/2016

Boston Marathon Bombing—Massachusetts Victim Compensation and Assistance Division (VCAD)

Funds will assist with the unmet needs of the eligible BMB claimants and caregivers for verified medical treatment appointments, travel expenses, and uncovered lost wages up to $20,000 per claimant to assist with the care for an eligible BMB claimant under the Massachusetts Victim Compensation program.

$500,000

(announced but not yet awarded)

Source: All information provided by the Department of Justice, Office of Justice Programs.

Notes: Program descriptions were provided by the Department of Justice, Office of Justice Programs and were unchanged by CRS except for clarification of abbreviations used.

Table A-2. Antiterrorism Emergency Reserve Funding for Interagency Agreements, ITVERP, Special Masters Payments, and Training and Technical Assistance

FY2014-July 2016

Agency Recipient or Program

Description

Amount

Year Obligated

Federal Bureau of Investigation (FBI)

Crime Victim Assistance Emergency Fund for Victims of Terrorism and/or Mass Violence

$500,000

FY2014

Office of Military Commissions (OMC)

OMC closed-circuit television (CCTV) sites for USS Cole and 911 Proceedings

$907,947

FY2014

National Security Division (NSD), Office of Justice for Victims of Overseas Terrorism (OVT)

OVT Criminal Justice Participation Assistance Fund (CJPAF)

$136,000

FY2014

International Terrorism Victim Expense Reimbursement Program (ITVERP)

Reimbursement to claimants

$175,903

FY2014

Special Masters Claims

Alan Balaran—Special Masters Request

$110,400

FY2014

FBI

Crime Victim Assistance Emergency Fund for Victims of Terrorism and/or Mass Violence

$1,500,000

FY2015

Executive Office of U.S. Attorneys (EOUSA)

Embassy Bombings III Victim Observer Program

$1,030,975

FY2015

EOUSA

Travel and related costs for victims to attend the Boston Marathon Bombing trials and sentencinga

$440,291

FY2015

NSD—OVT

CJPAF

$90,000

FY2015

ITVERP

Reimbursement to claimants

$265,163

FY2015

Special Masters Claims

Multiple Special Masters Requests

$194,935

FY2015

FBI

Crime Victim Assistance Emergency Fund for Victims of Terrorism and/or Mass Violence

$1,800,000

FY2016

OMC

OMC coverage of military commission trial proceedings occurring at Guantanamo Bay, Cuba

$3,406,864

FY2016

ITVERP

Reimbursement to Claimants

$218,300

FY2016

Training and Technical Assistance (TTA)

AEAP TTA: Obligated amounts in FY2014 through FY2016 (as of July 31, 2016) for consultants providing support after mass violence incidents; development and training of mass violence-related toolkit; and VOCA regional meetings focusing on mass violence and terrorism

$527,376

FY2016

Source: All information provided by the Department of Justice, Office of Justice Programs.

a. Total estimated cost was $440,291; however, on January 6, 2015, the EOUSA indicated that they had $131,798 in funding remaining from the earlier interagency agreement (IAA) to offset this cost. Therefore, the OVC added $308,493 to the FY2015 IAA funding to meet these victim needs.

Author Contact Information

[author name scrubbed], Analyst in Illicit Drugs and Crime Policy ([email address scrubbed], [phone number scrubbed])

Footnotes

1.

For example, Department of Education (ED) grants were awarded to the Newtown Public School District in recovery efforts from the Newtown, CT, elementary school shooting. The Newtown Public School District received one grant of $1.3 million in FY2013 and two grants of $1.9 million and $3.1 million in FY2014 from ED's Project School Emergency Response to Violence (SERV). For more information on this program, see http://www2.ed.gov/programs/dvppserv/index.html. For more information on the SERV grants awarded by ED, see U.S. Department of Education, U.S. Department of Education Awards More Than $6.4 Million in Grants to Connecticut's Newtown Public School District to Further Support Recovery Efforts, September 3, 2014, http://www.ed.gov/news/press-releases/us-department-education-awards-more-64-million-grants-connecticut%E2%80%99s-newtown-public-school-district-further-support-recovery-efforts.

2.

42 U.S.C. §10601 et seq.

3.

There has been one exception to the absence of traditional appropriations in funding the CVF. In January 2002, Congress enacted a one-time appropriation of $68.1 million for the CVF to assist in providing relief to 9/11 victims (P.L. 107-117, 115 Stat. 2294).

4.

According to the Department of Justice, Office of Justice Programs, at the end of FY2015 the balance of the CVF was over $12 billion.

5.

See 42 U.S.C. §10601(d)(5). These funds do not fall under the annual obligation cap of the CVF.

6.

These grant programs are administered by the Department of Justice, Office for Victims of Crime.

7.

OVC administers these grants and agreements.

8.

August 2015 CRS correspondence with DOJ.

9.

States and territories may retain up to 5% of their total grant for administrative and training purposes.

10.

Office of Justice Programs, Office for Victims of Crime, Final Program Guidelines: Victims of Crime Act Victim Assistance Grant Program, http://www.ovc.gov/voca/vaguide.htm. Of note, in July 2016 DOJ made a rule change for the victim assistance program. See https://www.federalregister.gov/articles/2016/07/08/2016-16085/victims-of-crime-act-victim-assistance-program?utm_campaign=pi+subscription+mailing+list&utm_medium=email&utm_source=federalregister.gov.

11.

The base amount states receive is $500,000.

12.

See Figure 1 of CRS Report R42672, The Crime Victims Fund: Federal Support for Victims of Crime.

13.

Office for Victims of Crime, OVC Formula Chart: 2016 Crime Victims Fund Allocations, http://ojp.gov/ovc/grants/Crime-Victims-Fund-Compensation-and-Assistance-Allocations-2016.pdf.

14.

Office for Victims of Crime, OVC FY2016 VOCA Victim Assistance Formula, p. 5, http://ojp.gov/ovc/grants/pdftxt/FY16-Victim-Assistance-Formula-Grant-Solicitation-508.pdf.

15.

Office for Victims of Crime, 2013 OVC Report to the Nation: Fiscal Years 2011-2012 and 2015 OVC Report to the Nation: Fiscal Years 2013-2014, http://www.ovc.gov/pubs/.

16.

For other allowable costs, see Office for Victims of Crime, "Victims of Crime Act Victim Compensation Grant Program," 66 Federal Register 27162, May 16, 2001.

17.

See CalVCP, "Benefit Quick Reference Guide," What's Covered, http://www.vcgcb.ca.gov/victims/coverage.aspx; and Criminal Injuries Compensation Fund, "Eligibility Benefits," http://www.cicf.state.va.us/.

18.

Eligible applicants are limited to state victim compensation programs that are eligible to administer VOCA Victim Compensation grants. See Office for Victims of Crime, OVC FY2016 VOCA Victim Compensation Formula, http://ojp.gov/ovc/grants/pdftxt/FY16-Victim-Compensation-Formula-Grant-Soliciation-508.pdf.

19.

Other than amounts awarded for property damage. See 42 U.S.C. §10602.

20.

Excluding American Samoa, Guam, and the Northern Mariana Islands.

21.

Office for Victims of Crime, OVC Formula Chart: 2016 Crime Victims Fund Allocations, http://ojp.gov/ovc/grants/Crime-Victims-Fund-Compensation-and-Assistance-Allocations-2016.pdf.

22.

P.L. 104-132, Title II, Subtitle C.

23.

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)

24.

In 2000, Congress established an annual obligation cap on the amount of CVF funds available for distribution to reduce the impact of fluctuating deposits and ensure the stability of funds for programs and activities. Congress establishes the CVF cap each year as a part of the appropriations for DOJ. For further details on the annual CVF obligation cap, see CRS Report R42672, The Crime Victims Fund: Federal Support for Victims of Crime, by [author name scrubbed].

25.

Including states for eligible crime victim compensation and assistance programs, and victim service organizations, public agencies (including federal, state, or local governments) and nongovernmental organizations that provide assistance to victims of crime.

26.

Office for Victims of Crime, 2015 OVC Report to the Nation: Fiscal Years 2013-2014, http://www.ovc.gov/pubs/.

27.

For the purposes of the AEAP, OVC defines "terrorism occurring within the United States" as "domestic terrorism," which is defined under 18 U.S.C. §2331: "activities that—(A) Involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, (B) appear to be intended—(i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination or kidnaping; and (c) occur primarily within the territorial jurisdiction of the United States." The OVC defines "terrorism occurring outside the United States" as "international terrorism," which is also defined under 18 U.S.C. §2331: "activities that—(A) involve violent acts or acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, or that would be a criminal violation if committed within the jurisdiction of the United States or of any State; (B) appear to be intended—(i) to intimidate or coerce a civilian population; (ii) to influence the policy of a government by intimidation or coercion; or (iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and (C) occur primarily outside the territorial jurisdiction of the United States, or transcend national boundaries in terms of the means by which they are accomplished, the persons they appear intended to intimidate or coerce, or the locale in which their perpetrators operate or seek asylum."

28.

The term "mass violence" is not defined in VOCA or in U.S. criminal code. In the guidelines for the AEAP (see Department of Justice, Office for Victims of Crime, "Guidelines for the Antiterrorism and Emergency Assistance Program for Terrorism and Mass Violence Crimes; Notice," 67, No. 21 Federal Register 4827, January 31, 2002), the OVC employs a "working definition" of the term: "The term 'mass violence' herein means an intentional violent criminal act, for which a formal investigation has been opened by the Federal Bureau of Investigation or other law enforcement agency, that results in physical, emotional or psychological injury to a sufficiently large number of people as to significantly increase the burden of victim assistance and compensation for the responding jurisdiction as determined by the OVC Director."

29.

Funding is not available for foreign governments.

30.

Office for Victims of Crime, Antiterrorism and Emergency Assistance Program (AEAP): OVC Supports Communities Responding to Terrorist Attacks and Cases of Mass Violence, http://ojp.gov/ovc/AEAP/index.html.

31.

For more information on ITVERP, see Office for Victims of Crime, The International Terrorism Victim Expense Reimbursement Program (ITVERP), http://www.ovc.gov/itverp/index.html.

32.

See Office for Victims of Crime, Providers/Community Leaders, http://www.ovc.gov/providers/domestic_terrorism.html and FBI, FBI Resources for Helping Victims, https://ucr.fbi.gov/stats-services/victim_assistance/resources.

33.

Through a cooperative agreement with the National Center for Missing and Exploited Children.

34.

See OVC, Victim Reunification Travel Program: Addressing International Parental Child Abduction Cases, https://www.ncjrs.gov/ovc_archives/reports/focuson2005/victimservices/pg3.html.

35.

See 42 U.S.C. §10603b(b), 42 U.S.C. §10603(c)(4), and 28 U.S.C. §530C.

36.

For more information on federal court special masters, see Thomas E. Willging, Laural L. Hooper, and Marie Leary, et al., Special Masters' Incidence, Federal Judicial Center, Report to the Judicial Conference's Advisory Committee on Civil Rules and its Subcommittee on Special Masters, 2000, http://www.uscourts.gov/file/specmastpdf.

37.

28 U.S.C. §1605A provides that the Attorney General shall transfer from funds available for the program under 42 U.S.C. §10603c (VOCA) to the Administrator of the United States district court to cover the costs of special masters for cases involving court action against a foreign state for money damages "for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act if such act or provision of material support or resources is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency." See 28 U.S.C. §1605A(a). Section 10603c provides that the Director of the OVC may use the Antiterrorism Emergency Reserve to carry out a program to compensate victims of acts of international terrorism that occur outside the United States for expenses associated with that victimization.