Victims of Crime Act (VOCA) Overhaul:
Last year, NCA and other victims’ advocacy groups began meeting with House and Senate congressional staff on ways of amending the Victims of Crime Act/Crime Victims Fund program to not only increase the overall funding for direct victims assistance grants, but also to update which direct services are allowable for reimbursement.
In 2013, OVC proposed updates to the VOCA Victims Assistance program to expand the eligible reimbursable costs allowable under the grant. We currently await for these updates to be finalized and understand it may be early fall.
OVC’s proposed update specifically includes language allowing VOCA reimbursements for:
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Forensic interviews for children and adults when – o Results of the interview will be used not only for law enforcement and prosecution purposes, but also for the identification of needs such as social services, personal advocacy, case management, substance abuse treatment, and mental health services; o Interviews are conducted in the context of a multidisciplinary investigation and diagnostic team, or in a specialized setting such as a child advocacy center; o The interviewer is trained to conduct forensic interviews appropriate to the developmental age and abilities of children, or the developmental, cognitive, and physical or communication disabilities presented by adults; and o VOCA Victim assistance funds are not used to supplant state and local funding available for forensic interviews
In addition, OVC also restated that forensic medical exams for child abuse victims, as well as and mental health counseling costs are reimbursable costs under VOCA Victims Assistance. However, in their proposed rule update,
OVCA did not propose an increase in the funding released from CVF since Congress determines the amount released from the Fund each year. The final VOCA rule was due last year, but has been delayed and now awaits final signoff by legal. The latest estimated date of release is fall 2015.)
Congress has also turned its attention to overhauling not only the Fund to release more for VOCA grants, but updating the eligible uses for the program. In FY 15, Congress released $2.36 billion and have proposed releasing at least $2.6 billion in FY16.
We/NCA are working closely with congressional offices in both the House and the Senate, as well as Steve Derene
(VOCA Administrators), and leaders from the Domestic Violence, Sexual Assault and Tribes advocacy organizations to draft legislation and help support this change.
Brief background on VOCA:
First passed in 1984, the Victims of Crime Act established a Crime Victims Fund/“the Fund” to provide resources to state, localities, local organizations and non-profits that directly serve victims of crime. Congress created the CVF based on a simple idea: money the government collects from those who commit crimes should be used to help those victimized by crime. Each year, criminal fines and penalties collected in federal court are deposited into the CVF. The
Department of Justice disburses money from this Fund to states and other entities to support victim compensation and assistance programs. The CVF receives no tax dollars.
In 2000, Congress passed a law capping disbursements from the CVF. The original intent was to prevent fluctuations in disbursements. However, since that time, the caps have been set too low; deposits have skyrocketed while disbursements have remained almost flat. For example, from fiscal year 2010 through fiscal year 2014, $12 billion was deposited into the fund, but only $3.6 billion was disbursed.

Over the past year, NCA has worked closely with numerous Senate and House offices, as well as our fellow victims’ advocates, on possible funding and legislative solutions that not only provide much needed resources to ensure critical funding for victims services, but also that seek possible solutions for overhauling the Victims of Crime Act
(VOCA) statute. We are excited with the energy, effort and support from Senators and Representatives who are also committed to finding a solution. With the FY15 Omnibus Appropriations bill releasing $2.36 billion from the Fund, the
FY16 Budget Resolution requiring $2.6 billion to be released, and the House and Senate FY16 CJS Appropriations bills releasing at least $2.6 billion from CVF, victims’ services will now have greater access to funding necessary to serve all victims of crime.
We will not only continue to work with Congress to and other national advocates on a VOCA overhaul approach that not only releases more dollars from the Fund, but also updates the list of eligible reimbursements under the law.
Specifically, CACs would like to see Forensic Interviews, Forensic Medical Exams for Child Abuse Victims, Mental
Health Therapy/Counseling, and Relocation costs listed as eligible for VOCA funding! Many states are already funding these services, but some states require these updates spelled out through either OVC rules or statute. The good news, both OVC and Congress have are including those items in their approaches!