The Crime Victims Fund was created in 1984 as part of the Victims of Crime Act (VOCA) to provide federal financial assistance to victims of crime. It is a special account into which various non-tax collections are deposited.
- Updated: October 3, 2001
2. Where does the money in the Fund come from?
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There are a variety of federal revenues that are deposited into the Fund. These are:
-- federal criminal fines -- forfeited bail bond -- penalty fees -- special assessments
Since the first deposits were made into the Fund in 1985, a total of $5 billion has been deposited. The amounts have varied considerably from year to year.
There has been a steady increase in amounts collected and deposited into the Crime Victims Fund. There have also been several years in which there have been significant spikes in collections. Those spikes are largely attributable to several very large criminal anti-trust and security fraud cases. For example, in 1996, a Japanese bank paid a criminal fine of $340 million, more than had ever before been deposited into the Fund in a single year.
When VOCA was first enacted in 1984, Congress imposed limits on how much could be deposited into the Fund. This was originally set at $100 million and gradually increased to $150 million. The limit on deposits was eliminated in 1992.
Another cap on the amount, this time on the amount that could be obligated from the Fund, was imposed by Congress in 2000. That was first set at $500 million and increased to $537.5 million in 2001. In 2002, the cap was set at $550 million, but Congress authorized an additional $68.1 million to provide counseling services to victims of the September 11 terrorism attacks.
The following programs and services are supported by the money in the Crime Victims Fund:
-- Children's Justice Act (to improve the investigation and prosecution of child abuse cases);
-- Victim witness coordinators in United States Attorney's offices;
-- Victim assistance staff in FBI offices;
-- Federal Victim Notification System (VNS);
-- Formula grants to state crime victim compensation programs;
-- Formula grants to states to support direct victim assistance services;
-- Discretionary grants by the Office for Victims of Crime (OVC) to support services to victims of federal crimes and national scope training and technical assistance.
- Updated: June 27, 2002
8. Is the Crime Victims Fund used for anything else?
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Yes, under changes made to VOCA by the USA Patriot Act, OVC can retain up to $50 million in an antiterrorism emergency reserve fund. The emergency reserve fund can be used by OVC to:
-- make supplemental grants to State crime victim compensation and victim assistance programs and nonprofits organizaitons to respond to incidents of domestic terrorism or mass violence;
-- make grants to States and other public agencies and nongovernmental victim service organizations to assist in reponse to incidents of international terrorism;
-- to fund the International Terrorism Victims Compensation Program.
VOCA contains a complicated formula for the distribution of the Crime Victims Fund. The actual amount of money each gets also depends upon the caps that Congress imposes on the total amount that can be obligated from the Crime Victims Fund each year.
Currently, annual distributions from the Fund are as follows:
-- Childrens Justice Act receives a minimum of $10 million; if deposits into the Crime Victim Fund exceed $324 million (the amount deposited in 1998), then CJA receives 50% of the increase up to a maximum of $20 million.
-- Funding for victim assistance coordinators in U.S. Attorneys' Offices and victim assistance staff in F.B.I. offices is "such sums as may be necessary" and $5 million for the federal Victim Notification System.
-- Of the remaining amounts to be distributed: -- 47.5% is reserved for grants to State crime victim compensation programs (each state grant is 60% of state-funded benefits);
-- 47.5% is reserved for grants to State for direct victim assistance services (plus any amounts reserved but not used for State crime victim compensation grants); and
-- 5% is for OVC discretionary grants.
In addition, OVC may retain up to $50 million in an antiterrorism emergency reserve which may be replenished each year from the balance retained in Crime Victims Fund.
The total of the above amounts may not exceed the spending limits imposed by the Congressional cap.
In addition, OVC may retain up to $50 million in an antiterrorism emergency reserve which may be replenished each year from the balance retained in Crime Victims Fund. - Updated: June 27, 2002
10. That's really complicated, please give an example.
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Here's how the formula worked for Federal Fiscal Year 2002 when Congress imposed a cap on Crime Victim Fund obligations of $550 million:
Childrens' Justice Act -- $20 million U.S. Attorney's Offices -- $18.1 million F.B.I. Offices -- $1.9 million Victim Notification System - $5 million Carryovers from previous years - $3 million
That totals $48 million, leaving $502 million. Of that 47.5% or $238.5 million each for State crime victim compensation and State victim assistance grants. However, the total amount of state-funded crime victim compensation benefits was $239 million and compensation grants equal 60%of that amount, the amount used for State crime victim compensation grants was $94 million. The difference of $144.5 million is added to the amount available for State victim assistance grants. Therefore, State victim assistance grants totalled $383 million.
OVC retained 5% or $25 million for discretionary grants of which no more than half can be used to support services to victims of Federal crimes and no less than half used for national scope training and technical assistance. - Updated: June 27, 2002
