Introduction

In 1984, the Crime Victims Fund (CVF, or the Fund) was established by the Victims of Crime Act (VOCA, P.L. 98-473) to provide funding for state victim compensation and assistance programs.¹ Since 1984, VOCA has been amended several times to support additional victim-related activities. These amendments established that the CVF be used for

• discretionary grants for private organizations,²
• the Federal Victim Notification System,³
• funding for victim assistance staff in the Federal Bureau of Investigation (FBI) and Executive Office for U.S. Attorneys (EOUSA),⁴
• funding for the Children's Justice Act Program,⁵
• assistance and compensation for victims of terrorism,⁶
• sexual assault survivors' notification grants and ensuring rights of sexual assault survivors,⁷ and
• restitution for victims of child pornography.⁸

VOCA has also been amended to include additional sources of funding for the CVF and to adjust, and allow for the waiver of, match requirements for VOCA grants.⁹

In 1988, the Office for Victims of Crime (OVC) was formally established within the Department of Justice (DOJ) to administer the CVF.¹⁰ As authorized by VOCA, OVC awards CVF money through formula and discretionary grants to states, local units of government, individuals, and other entities. OVC also distributes CVF money to specially designated programs, such as the Children's Justice Act Program and the Federal Victim Notification System (see Figure 1).¹¹

OVC's mission is to enhance the nation's capacity to assist crime victims and to improve attitudes, policies, and practices that promote justice and help victims. According to OVC, this mission is accomplished by (1) administering the CVF, (2) supporting direct services for victims, (3) providing training programs for service providers, (4) sponsoring the development of best practices for service providers, and (5) producing reports on best practices.¹² OVC funds victim-support programs in all 50 states, the District of Columbia, tribes, and the territories.¹³ In FY2018, Congress began setting aside specific percentages of the CVF obligation cap for tribal assistance grants to improve services for victims of crime in American Indian and Alaska Native communities.¹⁴ Notably, Congress did this through appropriations acts and did not create a permanent authorization for tribal assistance grants through VOCA.

Notably, Congress has amended VOCA several times to provide support for victims of terrorism.¹⁵ These amendments established CVF-funded programs for (1) assistance to victims of terrorism¹⁶ who are injured or killed as a result of a terrorist act outside the United States, (2) compensation and assistance to victims of terrorism or mass violence within the United States, and (3) an antiterrorism emergency reserve fund to support victims of terrorism or mass violence.

This report provides background and funding information for the CVF and VOCA programs. It describes the process through which funds in the CVF are allocated and explains how the CVF affects the annual budget for DOJ. It then provides an analysis of selected issues that Congress may consider regarding the CVF, the federal budget, and VOCA programs.

Financing of the Crime Victims Fund

Deposits to the CVF

The CVF does not receive appropriated funding.¹⁷ Rather, deposits to the CVF come from a number of sources including criminal fines, forfeited bail bonds, penalties, and special assessments collected by the U.S. Attorneys' Offices, federal courts, and the Federal Bureau of Prisons from offenders convicted of federal crimes.¹⁸ In 2001, the USA PATRIOT Act (P.L. 107-56) established that gifts, bequests, or donations from private entities could also be deposited to the CVF. In FY2021, Congress passed and President Biden signed the VOCA Fix to Sustain the Crime Victims Fund Act of 2021 (VOCA Fix Act; P.L. 117-37), which required that revenues collected from federal deferred prosecution and nonprosecution agreements be deposited into the CVF.

Historically, the largest source of deposits into the CVF has been criminal fines collected from federal offenders. However, with the introduction of monetary penalties collected from deferred and non-prosecution agreements, that may not always be the case.¹⁹ Monetary penalties collected from deferred and nonprosecution agreements represented 62% of the total amount collected during the first six months of FY2024.²⁰ Large criminal fines or other monetary penalties, if collected, can have a significant effect on deposits into the CVF. For example, from FY1996 through FY2004, fines collected from 12 offenders in federal courts accounted for 45% of all deposits to the CVF during this time period.²¹ Table 1 provides the total amounts deposited into the CVF in each fiscal year from FY1985 to FY2024.

Fluctuation in Deposits and Growth of the Fund

As Table 1 illustrates, since FY2000 there has been considerable fluctuation in the amounts deposited each fiscal year. For example, from FY2013 to FY2014 the monetary amount collected rose by over 140.0% and then decreased by approximately 26.0% in FY2015. This was followed by a 43.7% decrease in FY2016, and then a 443.0% increase in FY2017. Table 1 provides the annual amounts collected from FY1985 through March 31, 2024.

Over the last two decades, more than $32 billion has been deposited into the CVF. Large criminal fines levied in cases of financial fraud and other white-collar crimes contributed to some of the sizeable growth of the Fund during this time.²² Although OVC had expected deposits to remain high due to major fines levied against federal offenders (in particular, against corporate violators of federal law),²³ deposits into the Fund fluctuate from year to year and sometimes decrease, as they did in FY2016 and FY2018 relative to the previous fiscal year. Because of the large impact fines paid by offenders convicted for financial fraud and other white-collar crime have on deposits to the CVF, fluctuation in prosecutions of corporate violators may contribute to a fluctuation in deposits to the CVF.

Caps on the CVF

In the history of the CVF, two caps have affected the balance and distribution of the Fund: a cap on deposits and an obligation cap.

Cap on Deposits

In 1984, Congress placed a cap on how much could be deposited into the CVF each fiscal year. As shown in Table 1, from FY1985 through FY1992, the annual cap on deposits ranged from $100 million to $150 million. In 1993, Congress lifted the cap on deposits, establishing that nearly all criminal fines, special assessments, and forfeited bail bonds must be deposited into the CVF (with certain exceptions).²⁴

Obligation Cap

From FY1985 to FY1998, deposits collected each fiscal year were distributed the following fiscal year to support crime victim services. In 2000, Congress established an annual obligation cap on the amount of CVF funds available for distribution to reduce the effect of fluctuating deposits on grantees and ensure the stability of funds for related programs and activities. Congress establishes the CVF cap each year as a part of the appropriations for DOJ.

Recent Changes to the CVF Obligation Cap and New Uses of Obligated Funds

In FY2015, Congress set the CVF obligation cap at $2.4 billion, a 216.9% increase over the FY2014 cap (see Table 1). Unlike previous fiscal years, Congress directed DOJ to use CVF funds for purposes other than those specified in VOCA. $10 million was designated for the DOJ Office of the Inspector General (OIG) for oversight and auditing purposes.²⁵

In FY2016, Congress further increased the obligation cap to $3.0 billion; however, $379 million was transferred to the Office on Violence Against Women (OVW) for purposes outside of VOCA and $10 million was again designated for the DOJ Office of the Inspector General (OIG) for oversight and auditing purposes.²⁶ After deducting transfers required by P.L. 114-113, the obligation cap was $2.7 billion, a 12.4% increase over the FY2015 cap.

In FY2017, Congress set the cap at $2.6 billion, a 15.4% decrease compared to the FY2016 cap. From this amount, $326 million was transferred to OVW (again for purposes outside of VOCA) and $10 million was again designated for the DOJ OIG for oversight and auditing purposes. In the accompanying explanatory statement for the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017 (Division B, P.L. 115-31), Congress explained that deposits into the CVF had slowed, and to ensure solvency of the Fund the FY2017 obligation cap was calculated based on the most recent three-year average of deposits into the CVF. In the years since, Congress has continued to calculate the annual obligation cap in this manner.

From FY2018 to FY2022, deposits to the CVF and the obligation cap continued to fluctuate, and Congress continued to transfer funds from the CVF to OVW and OIG. However, in FY2023 and FY2024 Congress again transferred $10 million to OIG but did not transfer funds to OVW. In addition, in FY2018, Congress set aside 3% of the cap (off the top before any other funds are allocated) for tribal victim assistance grants, which are also not authorized under VOCA. From FY2019 to FY2024, Congress set aside 5% of the obligation cap amount for these grants (see the "Crime Victims Fund Tribal Set-Aside Program" section).

Carryover Balance of the CVF

OVC is authorized to use the capped amount for grant awards in a given fiscal year. After the yearly allocations are distributed, the remaining balance in the CVF is retained for future obligation. The difference between the fund's balance (if there is one) and the obligation limit is scored as an offset (i.e., as a Change in Mandatory Program or CHIMP) in DOJ's total discretionary spending in a given fiscal year.²⁸ Moreover, that offset also affects the discretionary spending total in the annual Commerce, Justice, Science, and Related Agencies (CJS) appropriations act.²⁹

VOCA requires that all sums deposited in a fiscal year that are not obligated must remain in the CVF for obligation in future fiscal years.³⁰ If collections in a previous year exceed the obligation cap, amounts over the cap are credited to the CVF, also referred to as the "rainy day" fund, for future program benefits. For example, in FY2000 the obligation limit was set at $500 million despite the fact that deposits were over $985 million in FY1999. In FY2000, approximately $485 million remained in the CVF and was credited for future use.³¹ Table 1 provides the balances that remain credited to the CVF at the end of each fiscal year from FY2000 through FY2023.

VOCA-Authorized Distribution of the Crime Victims Fund

As previously discussed, OVC awards CVF money through formula and discretionary grants to states, local units of government, individuals, and other entities. OVC also awards CVF money to specially designated programs. Grants are allocated as required by VOCA (see Figure 1). The programs supported with funding from the CVF are discussed in more detail below.

Figure 1. Annual VOCA-Authorized Distribution of the Crime Victims Fund

Source: Office for Victims of Crime (OVC), "Crime Victims Fund," https://ovc.ojp.gov/about/crime-victims-fund. Notes: This figure illustrates the annual distribution process as authorized under the Victims of Crime Act (VOCA). This figure does not reflect allocations not authorized under VOCA. Beginning in FY2018, Congress set aside a percentage of the annual cap (off the top) for tribal assistance grants. Congress set aside 3% for tribal assistance grants in FY2018 and 5% each year after. Beginning in FY2012, the Office of Justice Programs (OJP) assessed management and administrative (M&A) costs for programs funded by the Crime Victims Fund (CVF). OJP does not assess M&A costs for the Children's Justice Act Program and state victim compensation grants. In FY2012, state victim assistance grants were assessed 11.6% in M&A costs and all other CVF-funded grants were assessed 8.1% in M&A costs. In FY2013, state victim assistance grants were assessed 9.9% in M&A costs and all other CVF-funded grants were assessed 7.4% in M&A costs. In FY2014, CVF grants were assessed a 7.9% M&A costs. In FY2015, CVF grants were assessed 2.7% ($59.96 million) in M&A costs. OJP reduced the percentage for FY2015 due to the substantial increase in the obligation cap for that year, and has generally kept a similar percentage over the last several years. From FY2016 through FY2023, CVF grants were assessed $78.06 million, $92.0 million, $82.2 million, $80.9 million, $81.8 million, $87.8 million, $100.9 million, and $95.4 million, respectively. a. As of FY2023, there were 224 Victim Witness Coordinators supported by the CVF. b. As of FY2023, there were 238 Victim Witness Specialists supported by the CVF.

Children's Justice Act Program

OVC and the Administration for Children and Families (ACF) within the Department of Health and Human Services manage the Children's Justice Act Program, a grant program designed to improve the investigation, handling, and prosecution of child abuse cases. Up to $20 million must be distributed annually to the Children's Justice Act Program.³² Of the designated funds, the ACF receives up to $17 million to manage this program for the states, while OVC distributes up to $3 million for tribal populations.³³ In FY2023, the ACF received $15.2 million from the CVF to fund the Children's Justice Act Program. Table 2 provides funding data from FY2019 to FY2023.³⁴

Executive Office for U.S. Attorneys (EOUSA)

OVC provides annual funding to support victim-witness coordinators (sometimes referred to as specialists) within each of the 93 U.S. Attorney's Offices, and 12 victim-witness coordinators exclusively serving Indian Country.³⁵ In accordance with the Attorney General Guidelines for Victim and Witness Assistance,³⁶ these personnel provide direct support for victims of federal crime by assisting them during criminal proceedings and advising them of their rights, such as their right to make oral and written victim impact statements at an offender's sentencing hearing. Table 3 provides the number of full-time employees supported with CVF funding and the amount of CVF funding that the EOUSA victim-witness coordinator program received from OVC from FY2019 to FY2023.

Federal Bureau of Investigation (FBI)

OVC provides annual funding to support victim witness specialists within the 56 FBI field offices.³⁷ These specialists, or coordinators, personally assist victims of federal crime and provide information on criminal cases throughout case development and court proceedings.³⁸ Table 4 provides the amount of CVF funding that the FBI's Victim Witness Program received from OVC from FY2019 to FY2023.³⁹

The Victim Notification System (VNS)

OVC provides annual funding to support the VNS, a program administered by the EOUSA and jointly operated by the FBI, EOUSA, OVC, and the Federal Bureau of Prisons.⁴⁰ VNS is the vehicle through which victims of federal crime⁴¹ are notified of major case events relating to the offender, such as the release or detention status of the offender.⁴² Table 5 provides the amount of CVF funding that the VNS received from OVC from FY2019 to FY2023.⁴³

Victim Compensation and Assistance

After the Children's Justice Act, federal victim witness coordinators/specialists, and VNS programs are funded, remaining CVF money under the obligation cap is distributed as follows: Victim Compensation Formula Grants (47.5%); Victim Assistance Formula Grants (47.5%); and OVC Discretionary Grants (5%).⁴⁴ Amounts not used for state compensation grants are made available for state victim-assistance formula grants.

Victim Compensation Formula Grant Program

As mentioned, 47.5% of the remaining annual CVF money is for grant awards to state crime-victim compensation programs.⁴⁵ All 50 states, the District of Columbia, the U.S. Virgin Islands, Guam, and Puerto Rico have victim compensation programs.⁴⁶ OVC awards each state 75% of the total amount the state paid (from state funding sources) to victims in the prior fiscal year.⁴⁷

According to VOCA, a state is eligible to receive a victim compensation formula grant if the state program meets the following requirements:

• offers compensation⁴⁸ to victims and survivors of victims of criminal violence;
• promotes victim cooperation with reasonable requests of law enforcement authorities;⁴⁹
• certifies that grants received will not be used to supplant state funds;
• ensures that nonresident victims (as to compensable crimes occurring within the state) receive compensation awards using the same criteria as victims residing within the state;
• ensures that compensation provided to victims of federal crimes is given on the same basis as the compensation given to victims of state crime;
• provides compensation to residents of the state who are victims of crimes occurring outside the state;
• does not deny compensation to any victim because of the victim's familial relationship to the offender or because the victim shares a residence with the offender;⁵⁰
• does not compensate any individual who has previously been convicted of a federal offense, if that person is delinquent in paying a fine, other monetary penalty, or restitution imposed for the offense;
• complies with VOCA nondiscrimination requirements;
• provides a waiver⁵¹ for any application filing deadline for a crime victim if the delay in filing the application was a result of a delay in the testing of, or a delay in the DNA profile matching from, a sexual assault forensic examination kit or biological material collected as evidence related to a sexual offense; and
• provides other information and assurances as the Director of OVC may reasonably require.⁵²

Grant funds may be used to reimburse crime victims for out-of-pocket expenses such as medical and mental health counseling expenses, lost wages, funeral and burial costs, and other costs (except property loss, with limited exceptions)⁵³ authorized in a state's compensation statute. Victims are reimbursed for crime-related expenses that are not covered by other resources, such as private insurance. In FY2021 and FY2022, 32%, or $228.9 million, of the total payments were for medical and dental expenses.⁵⁴ According to OVC data, assault victims generally represent the highest percentage of victims receiving compensation each year; however, in FY2021 and FY2022 child sexual abuse victims were the highest.⁵⁵ In FY2021 and FY2022, victims of child sexual abuses represented 31% of all claims paid⁵⁶ and victims of assault represented 26%.⁵⁷

On February 5, 2024, OVC published a Notice of Proposed Rulemaking to propose changes and generally replace the existing Victim Compensation Guidelines published in 2001. While the proposed rule would retain most of the substance of the existing guidelines, it would also account for various statutory changes and clarify existing provisions.⁵⁸

Table 6 provides the amount of CVF funding that was allocated to OVC's Victim Compensation Program from FY2019 to FY2023.⁵⁹

Victim Assistance Formula Grant Program

The other 47.5% of the remaining annual CVF money (see Figure 1) is for the Victim Assistance Formula Grants Program (Victim Assistance Program). Amounts not used for state compensation grants are made available for the Victim Assistance Program. The Victim Assistance Program provides grants to state crime-victim assistance programs to administer funds for state- and community-based victim service program operations.⁶⁰ The grants support direct services to crime victims including information and referral services, crisis counseling, temporary housing, criminal justice advocacy support, and other assistance needs.

Assistance grants are distributed by states according to guidelines established by VOCA.⁶¹ States are required to prioritize the following groups: (1) underserved populations of victims of violent crime,⁶² (2) victims of child abuse, (3) victims of sexual assault, and (4) victims of spousal abuse.⁶³ States may not use federal funds to supplant state and local funds otherwise available for crime victim assistance.

VOCA establishes the amount of funds allocated to each state and territory. Each of the 50 states, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico receive a base amount of $500,000 each year.⁶⁴ The territories of the Northern Mariana Islands, Guam, and American Samoa receive a base amount of $200,000 each year.⁶⁵ The remaining funds are distributed to states and territories according to their respective share of the total population based on U.S. census data. Table 7 provides the amount of CVF funding that OVC allocated for the Victim Assistance Program from FY2019 to FY2023.⁶⁶

According to OVC, domestic or family violence victimizations made up the largest victimization type among those receiving services under the Victim Assistance Program in FY2021 and FY2022; 23% of the victims served by these grants reported family or domestic violence victimization.⁶⁷ This percentage has declined since 2000, when 50.1% of all victims served by the victim assistance grants were victims of domestic or family violence.⁶⁸

The Effect of the Fluctuating Obligation Cap on States' Victim Assistance Funds

Fluctuations in the annual CVF obligation cap affect the amount made available for the Victim Assistance Program more than any other VOCA program. As shown in Table 1, the CVF annual obligation cap has fluctuated considerably since Congress sharply increased the cap in FY2015. In FY2015, Congress set the obligation cap at $2.361 billion—more than triple the amount set in FY2014. Due to this increase, in FY2015 states received more than quadruple the victim assistance formula grant funds they received in FY2014. For example, in FY2014 Texas received $35.92 million in victim assistance formula grant funds, and in FY2015 it received $161.83 million. Since that initial sharp increase, the amount Texas has received in victim assistance funds has ranged from a high of $284.10 million in FY2018 to a low of $68.28 million in FY2024.⁶⁹ To accommodate decreases in victim assistance formula funding, some states reduce funding for organizations that provide direct services to victims (and warn of consequences for victims of crime).⁷⁰

Discretionary Grants

Five percent of the CVF money available annually (after the specially designated program allocations have been made; see Figure 1) is for discretionary grants.⁷¹ According to VOCA, discretionary grants must be distributed for (1) demonstration projects, program evaluation, compliance efforts, and training and technical assistance services to crime victim assistance programs; (2) financial support of services to victims of federal crime; or (3) nonprofit victim service organizations and coalitions to improve outreach and services to victims of crime.⁷² Further, OVC may use discretionary grant funding to support the development and implementation of victim notification systems⁷³ and crime victims legal assistance grants.⁷⁴ OVC awards discretionary grants each year through a competitive application process.⁷⁵

Table 8 provides the amount of CVF funding that OVC allotted for discretionary grants from FY2019 to FY2023.⁷⁶

Survivors' Bill of Rights Act of 2016

The Survivors' Bill of Rights Act of 2016 (P.L. 114-236) established statutory rights for sexual assault survivors in the federal justice system.⁷⁷ The act requires CVF funds made available to U.S. Attorneys and the FBI (see "Executive Office for U.S. Attorneys (EOUSA)" and "Federal Bureau of Investigation (FBI)")⁷⁸ for victim and witness assistance to be used to carry out the requirements of the act, subject to specified exceptions. Further, it authorized OVC to make grants to states (using discretionary grant funds) to develop sexual assault survivors' rights and policies and to disseminate written notice of such rights and policies to medical centers, hospitals, forensic examiners, sexual assault service providers, law enforcement agencies, and other state entities.

Antiterrorism Emergency Reserve

The Antiterrorism Emergency Reserve was established under P.L. 104-132 to meet the immediate and long-term needs of victims of terrorism and mass violence.⁷⁹ OVC accomplishes this mission by providing supplemental grants to state and local jurisdictions (where an incident has occurred) for victim compensation and assistance and by providing direct compensation to victims (U.S. nationals or officers or employees of the U.S. government, including Foreign Service Nationals working for the U.S. government) of terrorist acts that occur abroad.

The Director of OVC is 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, 2001, 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.⁸⁰ After funding all other program areas, as listed above, the funds retained in the CVF may be used to replenish the Antiterrorism Emergency Reserve.⁸¹ This reserve fund supports the following programs:

• Antiterrorism and Emergency Assistance Program (AEAP),
• International Terrorism Victim Expense Reimbursement Program,
• Crime Victim Emergency Assistance Fund at the FBI, and
• Victim Reunification Program.

Table 9 provides the amounts of funding that OVC has committed from the Antiterrorism Emergency Reserve from FY2018 to FY2023.⁸²

Assistance for Victims of Terrorism and Mass Violence

Over the past few years, OVC has responded to several incidents of terrorism and/or mass violence in the United States with grants from the AEAP. Following incidents of terrorism or mass violence, jurisdictions⁸³ may apply for AEAP funds for crisis response, criminal justice support, crime victim compensation, and training and technical assistance expenses. In 2024, for example, OVC awarded $3.49 million to the Colorado Department of Public Safety to support victims of the November 19, 2022, mass shooting in Colorado Springs where a gunman killed 5 people and injured 32 others.⁸⁴ Funding supported "counseling and other mental health-related services to victims and their families and other support for victims through the Colorado Springs Resiliency Center and the National Alliance on Mental Health (NAMI)."⁸⁵

Assistance for Victims of 9/11

In the aftermath of the terrorist attacks on September 11, 2001, the OVC used money available in the Antiterrorism Emergency Reserve account to respond to the needs of victims of the attack. The OVC awarded $3.1 million in victim assistance funding and $13.5 million in victim compensation funding⁸⁶ to the states of New York, Virginia, and Pennsylvania.⁸⁷ The funds were used by these states to coordinate and provide emergency assistance to victims in the form of crisis counseling and other direct services, and to offset out-of-pocket expenses for medical and mental health services, funeral costs, and lost wages.

In addition to providing funds to states, the OVC provided other assistance and services, including the following:

• OVC staff worked to identify the short- and long-term needs of victims and related costs, as well as to coordinate its efforts with other federal agencies such as the Federal Emergency Management Agency (FEMA).
• Immediately following the attacks, the OVC set up a call center that offered a 24-hour, toll-free telephone line for collecting victim information and providing referrals for financial, housing, and counseling assistance. Approximately 37,000 victims and family members received assistance and referrals through the call center.⁸⁸
• OVC also established a Victim and Family Travel Assistance Center, which handled all logistical arrangements and paid travel and lodging costs for 1,800 family members traveling to funerals and memorial services.⁸⁹
• OVC designed and operated a special "Hope and Remembrance" website to provide victims with answers to frequently asked questions; official messages from U.S. government sources; and news releases.⁹⁰

Child Pornography Victims Reserve

The Child Pornography Victims Reserve was established under the Amy, Vicky, and Andy Child Pornography Victim Assistance Act of 2018 (AVAA; P.L. 115-299).⁹¹ Among other changes, the act authorized a one-time $35,000 payment (adjusted for inflation) to victims of child pornography trafficking offenses. The Child Pornography Victims Reserve was established within the Crime Victims Fund to provide funding for these payments. The act requires courts to impose additional assessments on persons convicted of child pornography offenses,⁹² and the additional assessments must be deposited into the Child Pornography Victims Reserve.

The Director of OVC may set aside up to $10 million of the amounts remaining in the CVF in any fiscal year (after distributing the amounts for VOCA programs listed in Figure 1) in the Child Pornography Victims Reserve, which may be used by the Attorney General for payments under 18 U.S.C. §2259(d). Amounts in the reserve may be carried over from fiscal year to fiscal year, but the total amount of the reserve shall not exceed $10 million.⁹³ From FY2020–FY2023, approximately $2 million has been collected from AVAA assessments, but none of these funds have been used.⁹⁴

Distribution of Crime Victim Fund Not Authorized by VOCA

In FY2015, Congress began to distribute CVF money for non-VOCA purposes through the annual appropriations process.

• From FY2015 through FY2024, Congress designated $10 million of CVF funds for the DOJ OIG for oversight and auditing purposes.
• From FY2016 through FY2022, Congress directed the transfer of CVF funds to OVW for grant programs authorized under the Violence Against Women Act (VAWA).⁹⁵
• In FY2018, Congress set aside 3% of the amount made available for obligation for tribal victim assistance grants. From FY2019 to FY2024, Congress set aside 5% for this purpose.

Unlike the funds transferred to the DOJ OIG and OVW, the funds for tribal victim assistance grants—known as the Crime Victims Fund Tribal Set-Aside Program—are administered by OVC.

Crime Victims Fund Tribal Set-Aside Program

During the first two years of the Crime Victims Fund Tribal Set-Aside Program (FY2018 and FY2019) OVC distributed the funds as competitive grant awards with a 36-month project period to all eligible applicants. Eligible applicants included federally recognized Indian tribal governments, legal entities acting as the authorized designees of federally recognized Indian tribes, and tribal consortia made up of two or more federally recognized Indian tribes. Beginning in FY2020 and each year since, OVC distributed these funds according to a population-based formula. Eligible applicants are required to submit a declaration, referred to as a Population Certificate, noting the size of the population to be served with the funds. Recipients may use these funds for victim services and choose an award period between 12 and 60 months.⁹⁶

Table 10 provides the amounts of funding Congress allocated for the Tribal Assistance Grants from FY2020 to FY2024.

Selected Issues for Congress

Congress may consider several issues given the declining balance of the CVF since 2017 and its effect on funds available for VOCA programs from year to year as well as other considerations involving VOCA programs. These issues include (1) funding activities not authorized by VOCA, (2) eliminating or adjusting the calculation of the obligation cap, (3) eliminating the CVF and switching to discretionary appropriations, and (4) sources of revenue for the CVF.

Funding Activities Not Authorized by VOCA

VOCA Assistance Administrators have voiced concern that fluctuations in annual obligations can directly affect fund availability for victim assistance formula grants and, to a lesser extent, discretionary grants. The addition of new programs, increases in funding to other programs funded by the CVF, and management and administrative (M&A) costs cause a reduction in funding available for victim assistance formula grants and discretionary grants.

Congress may consider whether to continue to use receipts from the CVF to fund activities that are not authorized by VOCA. Congress did not elect to fund VAWA programs with CVF funds in FY2023 and FY2024, but it continues to use the CVF for OIG auditing purposes. Congress also continues to use the CVF to fund victim assistance programs for tribes by allocating 5% of the initial obligation cap amount for the Crime Victims Fund Tribal Set-Aside Program. Congress might consider adjusting amounts for non-VOCA purposes, considering the declining balance of the CVF. Alternatively, Congress could amend VOCA to create permanent authorizations for these purposes. Further, Congress could appropriate funds to cover OVC's M&A costs instead of having these costs covered with funds from the CVF.

Eliminating or Adjusting the Calculation of the Obligation Cap

Congress could decide to eliminate or adjust the calculation of the CVF annual obligation cap. If Congress should decide to eliminate the cap and allow all collected funds to be distributed in a given fiscal year, the fiscal issues for states that are caused by fluctuating amounts in victim assistance funds would likely continue and possibly be made more severe.

Congress may also alter the way it determines the annual obligation cap on the CVF, and there are any number of ways that Congress may adjust its calculations. Congress is limited by the balance of the CVF, and may only set an obligation cap that is equal to or below the balance of the Fund.

Eliminating the CVF

Given that changes in the CVF balance and obligation cap cause fluctuations in victim assistance funds available for states, territories, and tribes, Congress might consider eliminating the Fund altogether. Instead, Congress could authorize and appropriate annual funds from the Treasury for VOCA programs to provide more consistent funding each year.

Revenue for the Fund

In 2021, Congress and President Biden enacted P.L. 117-27, which requires monetary penalties from federal deferred prosecution and nonprosecution agreements to be deposited in the CVF. While the CVF has received this new revenue since July 2021, the declining balance of the CVF since 2017 and the ability to sustain stable funding for VOCA programs remain issues for Congress.

Congress might consider further increasing revenue for the CVF by increasing federal criminal fines. Some federal criminal fines have not been adjusted in decades, and Congress could increase the fine amounts to adjust for inflation and possibly provide more funding for the CVF. For example, in 1982 Congress and President Reagan increased the maximum criminal fine for attempting to evade or defeat taxes from $10,000 to $100,000 for individuals and established a $500,000 maximum criminal fine for corporations.⁹⁷