OFFICE OF JUSTICE PROGRAMS, OFFICE
FOR VICTIMS OF CRIME, DEPARTMENT OF JUSTICE
AUTHORIZATION:
Victims of Crime Act of 1984 (VOCA), as amended, Public
Law 98-473, Chapter 112, 42 U.S.C. 10601 et seq., Section 1402, Section 1404;
Children's Justice and Assistance Act of 1986, as amended, Public Law 99-401,
Section 102(5)(b)(a)(ii); Anti-Drug Abuse Act of 1988, Title VII, Subtitle D,
Public Law 100-690; Crime Control Act of 1990, Public Law 101-647; Federal
Courts Administration Act of 1992, Public Law 102-572; Departments of
Commerce, Justice, State, the Judiciary, and Related Agencies Appropriations
Act of 1994; Violent Crime Control and Law Enforcement Act of 1994, Subtitle
C, Public Law 104-132; Anti-Terrorism and Effective Death Penalty Act of 1996;
Child Abuse Prevention and Treatment Enforcement Act of 2000; Omnibus
Consolidated Appropriations Act of 1997, Public Law 104-298; Omnibus
Consolidated Appropriations Act of 2000; Victims of Trafficking and Violence
Protection Act of 2000, Public Law 106-386, and the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001, (Public Law 107-56 referred to as the USA Patriot Act
of 2001).
The first $20,000,000 deposited in the fund shall be
available for grants under Section 1404A. This occurs in any fiscal year in
which Crime Victims Fund deposits are greater than the amount deposited in
Fiscal Year 1998. An amount equal to 50 percent of the increase plus the base
amount of $10 million is available for this purpose. Of the remaining amount
deposited in the fund in a particular year, 47.5 percent shall be available
for grants under 1404 (a). Five percent shall be available for grants under
1404 (c). Under Section 1404B, the OVC Director may make supplemental grants
to States for providing compensation and assistance to residents, who while
outside of the U.S. become victim of a terrorist act or mass violence;
eligible State compensation and assistance programs to provide emergency
relief, including crisis response efforts, assistance, training, technical
assistance for the benefit of victims of terrorist acts or mass violence
occurring within the U.S.; and to U.S. Attorney's Offices for use in
coordination with State victim compensation and assistance efforts in
providing emergency relief. Under Section 1402 the Director of OVC may set
aside funds in an emergency reserve not to exceed $50 million. The reserve has
three purposes: 1) to support compensation and assistance services for victims
of domestic terrorism or mass violence; 2) to support assistance services to
victims of international terrorism; and, 3) to fund directly an International
Terrorism Victim Compensation Program.
TYPES OF ASSISTANCE:
Formula Grants. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
Funds under this program shall be used by States and
territories to provide direct services to crime victims with the following
exception: States may retain up to 5 percent of their grant for administrative
purposes, and 1 percent of their grant for training. All States and most
Territories receive an annual VOCA victim assistance grant. Each State, the
District of Columbia, the U.S. Virgin Islands, and Puerto Rico receive a base
amount of $500,000. The territories of the Northern Mariana Islands, Guam, and
American Samoa, each receive a base amount of $200,000. Additional funds are
distributed based on populations. That portion of the then remaining funds
will be divided among all States or territories according to population (U.S.
Census Bureau). If the amount available for grants under this program is
insufficient to provide $500,000 to each State, the base amount available
shall be distributed equally among the States and territories. A victim
assistance program is an eligible crime victim assistance program under VOCA
if it: (A) is operated by a public agency or a nonprofit organization, (or
combination); (B) meets the appropriate match requirements; (C) uses
volunteers unless the VOCA administrator grants a waiver for a compelling
reason; (D) promotes coordinated public and private efforts to aid crime
victims within the community served; (E) assists victims in applying for crime
victim compensation; (F) complies with Federal rules regulating VOCA,
including Program Guidelines/Rules and the effective edition of the OJP
Financial Guide; (G) maintains civil rights information; (H) complies with
additional eligibility or service criteria established by the State grantees;
(I) provides services to victims of Federal crimes on the same basis as
services are provided to victims of State and local crimes; (J) provides
services to crime victims without charge unless a waiver is obtained from the
State grantee; and, (K) maintains confidentiality of client- counselor and
research information. An eligible crime victim assistance program shall expend
sums received under subsection (a) only for providing direct services to
victims of crime. The chief executive of each State shall (A) certify that
priority shall be given to eligible crime victim assistance programs providing
assistance to victims of sexual assault, spousal abuse, or child abuse, and to
programs serving previously underserved victims of violent crime, as
determined by the State, (B) certify that funds awarded to eligible crime
victim assistance programs will not be used to supplant State and local funds
otherwise available for crime victim assistance; and provide such other
information and assurances related to the purposes of this section as the
Director may reasonably require. As used in this program, (1) the term
"State" includes the District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, and any other territory or
possession of the United States; and (2) the term "services to victims of
crime" includes (a) crisis intervention services to provide emotional
support in cases arising from the occurrence of crime; (b) providing, in an
emergency, transportation to court, short-term child care services, and
temporary housing and security measures; (c) assistance in participating in
criminal justice proceedings; and (d) payment of all reasonable costs for a
forensic medical examination of sexual assault victims, to the extent that
such costs are otherwise not reimbursed or paid; (3) the term "chief
executive" includes a person designated by the governor to perform the
functions of the chief executive under this section.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility: Any
State, the District of Columbia, all Commonwealths and any other territory or
possession of the United States are eligible. Funds will be sub-granted to
eligible public and nonprofit organizations or combinations of such agencies
or organizations or of both such agencies and organizations, who provide
direct services to victims of crime.
Beneficiary Eligibility:
Any member of the general public who has been a victim of a crime or those who
are survivors of victims of crime.
Credentials/Documentation:
Applications from the designated State agency for this program must be
submitted on Standard Form 424 at a time specified by the Office for Victims
of Crime, Office of Justice Programs. The State grant applicant, by completing
the grant application, and by receiving a VOCA victim assistance grant award,
certifies: (1) that funds awarded to eligible crime victim assistance programs
will not be utilized to supplant State and/or local funds that would otherwise
be available for crime victim assistance; (2) that the State will provide such
accounting, auditing, monitoring and evaluation procedures as may be
necessary, and keep such records as the Office of Justice Programs may
prescribe, to assure fiscal control, proper management and efficient
disbursement of Federal funds; (3) that the State shall give priority to
programs aiding victims of sexual assault, spousal abuse, or child abuse, and
to programs serving previously underserved victims of violent crimes as
determined by the State; (4) that the State will submit to the Office of
Justice Programs Subgrant Award Reports and Performance Reports concerning the
activities carried out with the Federal funds received and will maintain and
report such data and information as required; (5) that the State will adhere
to the audit and financial management requirements set forth in the OJP
Financial Guide; (6) that the State will comply with all applicable Federal
nondiscrimination requirements; and, (7) certify that the information in the
application is correct and that the State will comply with all applicable
provisions of the Victims of Crime Act and other Federal laws, regulations,
and circulars. Costs will be determined in accordance with OMB Circular No.
A-87 for State and local governments.
Pre-application Coordination:
The standard application forms as furnished by the Federal agency in
accordance with 28-CFR, Part 66 (Common Rule), must be used for this program.
This program is excluded from coverage under Executive Order 12372.
Application Procedure: In
accordance with the Common Rule, the SF 424 as well as other required
documentation, i.e., certifications regarding drug-free workplace, lobbying,
etc., outlined in the Program Instruction, must be submitted when applying for
funding under this program. Please contact Linda Rost, Administrative
Specialist, State Compensation and Assistance Division, Office for Victims of
Crime, (202) 307-5983. At the time of submission, an original and one copy are
required.
Award Procedure: The
Director, Office for Victims of Crime, Office of Justice Programs has final
approval authority. Once an award is granted to a State, the State will
subgrant the monies to private nonprofit and/or public agencies for the
purpose specified in the application and in conformance with all general and
special conditions.
Deadlines: Contact the
Headquarters Office: Eligible States will be notified of the date for
submission of applications through the Program Instruction and Application
kit.
Range of Approval/Disapproval Time:
From 3 to 4 weeks.
Appeals: Hearing by the
Assistant Attorney General, Office of Justice Programs.
Renewals: Awards are for
the year of award plus 3 years; applications will be submitted annually.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:
Awards will be made on the basis of population with a base amount of $500,000
for States; $200,000 for the territories of N. Mariana Islands, Guam, and
American Samoa. Fund availability may necessitate a base change.
Length and Time Phasing of Assistance:
States have the year of award plus 3 years to expend the funds.
POST ASSISTANCE REQUIREMENTS:
Reports: Sub-grant Award Report
for each sub-recipient of VOCA funds; Quarterly, final financial reports and
Annual Program Performance reports will be required as stipulated in the
Program Guidelines/Rules and the OJP Financial Guide.
Audits: All organizations
that expend $300,000 or more in federal funds per organizational fiscal year
must have a single audit for that year in accordance with OMB Circular No.
A-133, as amended. The audit report and transmittal letter must be submitted
within 9 months from the end of the state fiscal year.
Records: Financial records,
supporting documents, statistical records, and all other records pertinent to
a grant shall be retained for a period of at least three years after the grant
has been closed.
FINANCIAL INFORMATION:
Account Identification:
15-5041-0-2-754.
Obligations: (Grants) FY 01
$360,864,000; FY 02 est $383,227,000; and FY 03 est $247,776,000.
Range and Average of Financial Assistance:
Base of $500,000 to each State, Commonwealth, and the District of Columbia.
Territories of the United States receive a base of $200,000. Remaining dollars
will be divided based on population.
In fiscal year 2002, awards totaled $383,027,323. Since
Fiscal Year 1986, awards totaled $2,326,917,713.
REGULATIONS, GUIDELINES, AND LITERATURE:
Program Instruction and Application Kit and the OJP
Financial Guide are available by writing to Office for Victims of Crime,
Office of Justice Program, Department of Justice, 810 Seventh Street, NW.,
Washington, DC 20531.
INFORMATION CONTACTS:
Regional or Local Office:
None.
Headquarters Office: Carol
R. Watkins, Director, State Compensation and Assistance Division, Office for
Victims of Crime, Office of Justice Programs, Department of Justice, 810
Seventh Street, NW., Washington, DC 20531. Telephone: (202) 514-4696. Use the
same number for FTS.
Web Site Address: http://www.usdoj.gov/ovc
EXAMPLES OF FUNDED PROJECTS:
Potential projects include, but are not limited to:
funding to support (a) domestic violence shelter services; (b) rape crisis
programs, including coverage for sexual assault examinations: child abuse
treatment programs; and (d) support groups for survivors of homicide victim
and DUI/DWI crash victims, etc.
CRITERIA FOR SELECTING PROPOSALS:
Criteria for selecting proposals are specifically
spelled out in the Victims of Crime Act of 1984, as amended. Additional
criteria will be developed by the Office for Victims of Crime. These criteria
are published in the Annual Program Instruction and Application Kit and Office
of Justice Program Formula Grant Guidelines/Rules.
