Catalog of Federal Domestic Assistance
| CATALOG OF FEDERAL DOMESTIC
16.576: Crime Victim Compensation
|PROGRAM AND AWARD||FINANCIAL AND INFORMATION CONTACTS|
|ELIGIBILITY REQUIREMENTS||FINANCIAL AND ADMINISTRATIVE INFO.|
|APPLICATION AND AWARD PROCESS||INFORMATION CONTACTS|
|RELATED PROGRAMS||ASSISTANCE CONSIDERATIONS|
|PROGRAM ACCOMPLISHMENTS||POST ASSISTANCE REQUIREMENTS|
Applicant Eligibility: States, DC, the Commonwealth of Puerto Rico 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 2000, the Governor designated State agency was 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, 1998 - September 30, 1999; (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 1998; (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.
Preapplication 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 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 three years. Applications will be annually.
Criteria for Selecting Proposals: Criteria are established by the Victims of Crime Act of 1984, as amended, and Program Guidelines published in the Federal Register.
Examples of Funded Projects: Program funds State formula grants to be used for crime victim compensation only.
Range and Average of Financial Assistance: Each State receives 40 percent of its prior year payout of State compensation funds.
In fiscal year 1999, VOCA crime victim compensation grant funds were awarded to 51 States. The District of Columbia and the U.S. Virgin Islands are included in the totals. These States received $67 million in Crime Victims Fund monies to support crime victim compensation initiatives in fiscal year 1999. The 51 States participating in fiscal year 1999 received about $67 million.
Federal Agency: OFFICE OF JUSTICE PROGRAMS, OFFICE FOR VICTIMS OF CRIME, DEPARTMENT OF JUSTICE
Type of Assistance: Formula Grants.
Obligations: (Grants) FY 99 $67,428,000; FY 00 est $66,966,000; and FY 01 est $81,374,000.
Budget Account Number: 15-5041-0-2-754.
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 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; Omnibus Appropriations Act of 1997.
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/.
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. Phone: (202) 514-4696. Use the same number for FTS.
(See Appendix IV for more contact info.)
Formula and Matching Requirements: Formula based on 40 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 2000 compensation funds may be carried forward for obligation by the grantee for three 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.
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 VOCA, formula grant funds to an eligible State crime victim compensation program is based on 40 percent 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 40 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 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 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 crime 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 State crimes; (6) such program provides compensation to residents of the State who are victims of crimes occurring outside the State if (A) the crimes would be compensable crimes had they occurred inside the State and (B) the places the crimes occurred in are outside the U.S. (If compensable crime is terrorism), or are states not having eligible crime victim compensation programs or; (7) 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; (8) 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 (9) 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 victims 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 DC, Puerto Rico, and any other possession or territory of the United States.
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 financial assistance of $300,000 or more in any fiscal year must have a single audit for that year in accordance with OMB Circular No. A-133, as amended, unless the audit condition on the award says otherwise. These audits are due to the cognizant Federal agency not later than 9 months after the end of the grantee's 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.
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