OFFICE OF JUSTICE PROGRAMS, OFFICE
FOR VICTIMS OF CRIME, DEPARTMENT OF JUSTICE
AUTHORIZATION:
Victims of Crime Act of 1984, as amended, Public Law
98-473, Chapter 112, 42 U.S.C. 10601 et seq., Section 1402, Section 1403;
Children's Justice and Assistance Act of 1986, as amended, Public Law 99-401,
Section 101 (5)(b)(A)(I); Anti-Drug Abuse Act of 1988, Title VII, Subtitle D,
Public Law 100-690; Crime Control Act of 1990, Public Law 101-647, Title V,
Section 504 and 505; 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 into 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 into the fund in a particular fiscal year, 47.5 percent shall be
available for grants under Section 1403 Crime Victim Compensation Formula
Grants.
TYPES OF ASSISTANCE:
Formula Grants. Place Cursor Here for Definition
USES AND USE RESTRICTIONS:
Funds under this program shall be used by the States for
awards of compensation benefits to crime victims, with the following
exception: States may retain up to 5 percent of their total grant for
administrative purposes. As provided in recent VOCA amendments, formula grant
funds to an eligible State crime victim compensation program is based on 60
percent beginning in 2003 of the amounts States expended during the fiscal
year preceding the year of collections for the Crime Victims Fund, other than
amounts awarded for property damage. If the sums available in the Fund for
grants under this program are insufficient to provide grants of 60 percent as
provided above, grants from the sums available will be made to each eligible
crime victim compensation program so that all such programs receive the same
percentage of the amounts awarded by such programs during the preceding fiscal
year, other than amounts awarded for property damage. A crime victim
compensation program is an eligible crime victim compensation program if (1)
such program is operated by a State and offers compensation to victims and
survivors of victims of criminal violence, including terrorism, drunk driving
and domestic violence for: (A) medical expenses attributable to a physical
injury resulting from a compensable crime, including expenses for mental
health counseling and care; (B) loss of wages attributable to a physical
injury resulting from a compensable crime; and (C) funeral expenses
attributable to a death resulting from a compensable crime; (2) such program
promotes victim cooperation with the reasonable requests of law enforcement
authorities; (3) such State, possession or territory certifies that grants
received under this program will not be used to supplant funds otherwise
available to provide crime victim compensation; (4) such program, as to
compensable crimes occurring within the State, possession or territory, makes
compensation awards to victims who are nonresidents of the State, possession
or territory on the basis of the same criteria used to make awards to victims
who are residents of the State, possession or territory; (5) such program
provides compensation to victims of Federal crimes occurring within the State
on the same basis that such program provides compensation to victims of State
crimes; (6) such program does not, except pursuant to rules issued by the
program to prevent unjust enrichment of the offender, deny compensation to any
victim because of that victim's familial relationship to the offender, or
because of the sharing of a residence by the victim and the offender; (7) such
program does not provide compensation to any person who has been convicted of
an offense under Federal law with respect to any time period during which the
person is delinquent in paying a fine, other monetary penalty, or restitution
imposed for the offense; and (8) such program provides such other information
and assurances related to the purposes of this section as the Director may
reasonably require. Section 1403(c), any amount of crime victim compensation
that the applicant receives through a crime victim compensation program under
this section shall not be included in the income of the applicant until the
total amount of assistance that the applicant receives from all such programs
is sufficient to fully compensate the applicant for losses suffered as a
result of the crime. As used in this section--(1) the term "property
damage" does not include damage to prosthetic devices, eyeglasses or
other corrective lenses, or dental devices; (2) the term "medical
expenses" includes, to the extent provided under the eligible crime
victim compensation program, expenses for eyeglasses and other corrective
lenses, for dental services and devices and prosthetic devices, and for
services rendered in accordance with a method of healing recognized by the law
of the State; (3) the term "compensable crime" means a crime the
victims of which are eligible for compensation under the eligible crime victim
compensation program, and includes crimes involving terrorism, driving while
intoxicated, and domestic violence; and (4) the term "State"
includes the District of Columbia, the Commonwealth of Puerto Rico, and any
other possession or territory of the United States.
ELIGIBILITY REQUIREMENTS:
Applicant Eligibility: States,
the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, Guam, and any other possession or territory of the United States who
have an established eligible crime victim compensation program, and who meet
the eligibility requirements discussed above.
Beneficiary Eligibility:
Victims of crime that results in death or physical or personal injury and are
determined eligible under the State victim compensation statute. State
compensation statutes either declare that coverage extends generally to any
crime resulting in physical or personal injury, or they list all specific
crimes that can be covered.
Credentials/Documentation:
For fiscal year 2003, the Governor designated State agencies are required to
submit the following information and assurance along with the application for
assistance: (1) a statement certified by the individual designated by the
Governor to administer the VOCA crime victims compensation grant. This
statement should specify the total amount of money spent by the program from
State funding sources for crime victim compensation awards in the Federal
fiscal year October 1, 2001 - September 30, 2002; (2) the amount of such
compensation paid for "property damage"; (3) the total amount and
each source of revenue for the program in fiscal year 2001; (4) a copy of the
State statute or other legal authority establishing the program and any
amendments thereto, and (5) an assurance that funds received under the Act
will not be used to supplant State funds otherwise available for crime victim
compensation. 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 E.O. 12372.
Application Procedure: The
applicant submits an original and one copy of Standard Form 424 in response to
specific Program Instructions and Application Kit published by the Office for
Victims of Crime. Required information and assurances must accompany the
application. Application forms are available by writing to the Office for
Victims of Crime, OJP, Department of Justice, Washington, DC 20531. This
program is excluded from coverage under OMB Circular No. A-110.
Award Procedure: An award
is granted by the Director of the Office for Victims of Crime, the Office of
Justice Programs. The award must be accepted and signed by the applicant with
assurance of compliance with standard and special conditions of the grant
award.
Deadlines: Contact the
Headquarters Office. Eligible State victim compensation programs will be
notified of the date for submission of applications through the program
instruction.
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 annually.
ASSISTANCE CONSIDERATIONS:
Formula and Matching Requirements:
Beginning in FY 2003, the formula will be based on 60 percent of the amounts
awarded by the State from State funding sources during the preceding fiscal
year, other than amounts awarded for property damage. The State must certify
that the Federal funds received under the program will not supplant State
funds otherwise available for victim compensation. Fund availability may
require a base change. Section 1403(a)(2).
Length and Time Phasing of Assistance:
Fiscal year 2002 compensation funds may be carried forward for obligation by
the grantee for 3 years subsequent to the fiscal year of award. Funds are
released via electronic funds transfer. States must be enrolled in the
Automated Clearinghouse (ACH) Vendor Express Program to request any Federal
funds.
POST ASSISTANCE REQUIREMENTS:
Reports: Both quarterly and
final financial status reports are required as stipulated in the effective
edition of the OJP Financial Guide. In addition, an annual program performance
report to OVC on the effect that the Federal funds had on the program will be
required. Program performance reports must be submitted on forms provided by
OVC.
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: The annual program
reporting requirement and accounts concerning the expenditures of the award
shall be maintained during the award and retained for three years thereafter.
FINANCIAL INFORMATION:
Account Identification:
15-5041-0-2-754.
Obligations: (Grants) FY 01
$90,677,000; FY 02 est $93,957,000; and FY 03 est $247,776,000.
Range and Average of Financial Assistance:
Each State receives 60 percent of its prior year payout of State compensation
funds.
In fiscal year 2002, VOCA crime victim compensation
grant funds were awarded to 54 States. The District of Columbia, the U.S.
Virgin Islands, and Guam are included in the totals. These States received $93
million in Crime Victims Fund monies to support crime victim compensation
initiatives in fiscal year 2002 In fiscal year 2003 VOCA crime victim
compensation grants will be awarded to 54 States. The Commonwealth of Puerto
Rico is included in the totals. These states will receive close to $100
million. Since Fiscal Year 1986, awards totaled $1,038,751,429.
REGULATIONS, GUIDELINES, AND LITERATURE:
OJP Financial Guide. For program information write to
Office for Victims of Crime, Office of Justice Programs, Department of
Justice, 810 Seventh Street, NW., Washington, DC 20531, or at
www.ojp.usdoj.gov/ovc/.
INFORMATION CONTACTS:
Regional or Local Office:
None.
Headquarters Office: Carol
R. Watkins, Director, State Compensation and Assistance Division, Office for
Victims of Crime, Department of Justice, Washington, DC 20531. Telephone:
(202) 514-4696. Use the same number for FTS.
Web Site Address: http://www.usdoj.gov
EXAMPLES OF FUNDED PROJECTS:
Program funds State formula grants to be used for crime
victim compensation only.
CRITERIA FOR SELECTING PROPOSALS:
Criteria are established by the Victims of Crime Act of
1984, as amended, and Program Guidelines/Rules published in the Federal
Register.
