Federal Assistance for Victims of Terrorism or Mass Violence: In Brief
Released: 2016-08-03T00:00:00

Introduction

Following incidents of terrorism or mass violence in the United States, jurisdictions and individuals may be eligible to receive various types of victim assistance both directly from the Department of Justice (DOJ) and indirectly from DOJ through their respective state victim assistance agencies or other programs. While circumstances in some terrorism or mass violence incidents may make a jurisdiction or organization eligible for assistance from other federal departments, this report focuses solely on assistance available from DOJ's Office for Victims of Crime (OVC).

As authorized by the Victims of Crime Act (VOCA), the OVC supports several federal programs that may assist victims of terrorism or mass violence. The OVC awards funds through formula and discretionary grants to states, local units of government, individuals, and other entities with the primary purpose of assisting victims. These programs are funded by the Crime Victims Fund (CVF)—an account within the U.S. Treasury that is not funded through traditional appropriations but largely through the collection of federal criminal fines. The Director of the OVC is authorized to set aside $50 million of CVF money in the Antiterrorism Emergency Reserve, which funds OVC-administered programs that support victims of terrorism or mass violence.

This report examines CVF-funded assistance for victims of terrorism or mass violence. It includes discussion of programs that broadly cover crime victim assistance and programs that are specifically designed to address terrorism or mass violence. It also includes a discussion of how these programs have assisted victims of various incidents of terrorism or mass violence over the last several years.

DOJ Programs that Support Victims of Terrorism or Mass Violence

Several DOJ programs may be used to assist jurisdictions in responding to the needs of victims following incidents of terrorism or mass violence. Grant programs include the victim assistance and victim compensation formula grant programs and the Antiterrorism and Emergency Assistance Program (AEAP). Other programs and operations directly assist victims, including the Victim Assistance Program at the Federal Bureau of Investigation (FBI), victim witness assistance at the Offices of the U.S. Attorneys, the International Terrorism Victim Expense Reimbursement Program (ITVERP) and the Victim Reunification Travel Program at the OVC, and various supplemental grants to and agreements with agencies and organizations that provide assistance to victims of terrorism or mass violence.

Victim Assistance Formula Grant Program

Victim assistance formula grant program funds may be used by states to immediately respond with victim services in the event of a large-scale incident such as the shooting that occurred in Charleston, SC, in June 2015. States use these funds to support crime victim assistance programs that provide direct services to crime victims. Eligible services, activities, and costs include the following:

those that respond to the immediate emotional and physical needs (excluding medical care) of crime victims such as crisis intervention, mental health assistance, assistance with participation in criminal justice proceedings, forensic examinations, costs necessary and essential for providing direct services such as pro-rated costs of rent and transportation costs for victims to receive services, special services such as assisting victims in recovering property retained as evidence, personnel costs directly related to providing direct services, and restorative justice, which includes opportunities for crime victims to meet with perpetrators.

Other allowable costs, such as training and advanced technologies, are listed in the Final Program Guidelines for the Victim Assistance Grant Program.

Each year in support of victim assistance programs, states and territories receive a base amount plus the remaining funds available after all other CVF-funded programs have received funding—this remaining amount is distributed based on population. In FY2016, $2.22 billion in victim assistance grant funds was distributed to the states, territories, and the District of Columbia. In FY2015 and FY2016, victim assistance grants were substantially increased as the annual obligation cap on the CVF was tripled for FY2015 ($2.361 billion) and increased further in FY2016 ($3.042 billion). Victim assistance grant award project periods span several years. For example, the project period for FY2016 victim assistance grants is October 1, 2015, through September 30, 2019.

Victim Compensation Formula Grant Program

Victim compensation formula grant funds may be used to help victims offset the costs of expenses related to incidents of terrorism or mass violence, including out-of-pocket expenses such as medical and mental health counseling expenses, lost wages, funeral and burial costs, and other costs (except property loss) 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. Maximum reimbursement amounts vary widely from state to state. For example, California set its maximum reimbursement at $63,000 on a single application while Virginia set its maximum award at $25,000.

The OVC awards each eligible state victim compensation program an annual grant equal to 60% of what the state spent in state-funded benefits in the previous two years. Like victim assistance grants, victim compensation award project periods span several years. In FY2016, $125.4 million in victim compensation grant funds was distributed to the states, territories, and the District of Columbia.

DOJ Activities Funded by the Antiterrorism Emergency Reserve

The Antiterrorism Emergency Reserve was established in P.L. 104-132 to meet the immediate and long-term needs of victims of terrorism or mass violence. The Director of the OVC was 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 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 or mass violence. Of note, these funds do not fall under the annual obligation cap of the CVF, but rather funds retained in the CVF may be used to replenish the Antiterrorism Emergency Reserve. This reserve fund supports the Antiterrorism and Emergency Assistance Program (AEAP), the International Terrorism Victim Expense Reimbursement Program (ITVERP), the Crime Victim Emergency Assistance Fund, the Victim Reunification Program, and other activities in support of victims of mass violence or terrorism.

In addition, the Antiterrorism Emergency Reserve supports other activities such as supplemental grants to other entities to provide emergency relief (e.g., crisis response efforts, assistance, compensation, training and technical assistance, and ongoing assistance, including during any investigation or prosecution) to victims of terrorist acts or mass violence occurring within the United States.

Antiterrorism and Emergency Assistance Program (AEAP)

The OVC may respond to incidents of terrorism or mass violence with grants from the AEAP. Following these incidents, the OVC verifies that an act of terrorism or mass violence has resulted in a significant number of victims being injured or killed. It then contacts the relevant state's VOCA administrative office and advises the administrator that AEAP resources may be available. In cases of terrorism or mass violence outside the United States, the OVC will determine which organizations or agencies within the United States may apply for funding. Eligible applicants include U.S. Attorneys' Offices; federal, state, and local governments (including state victim assistance and compensation programs); and nongovernmental victim service organizations. AEAP funds may be used for the following types of assistance:

crisis response, consequence management, criminal justice support, crime victim compensation, and training and technical assistance.

See Table A-1 for award amounts distributed under the AEAP from FY2014 through July 2016.

Other Antiterrorism Emergency Reserve-Funded Activities

In addition to the AEAP, the Antiterrorism Emergency Reserve funds several other programs and operations that support victims of terrorism or mass violence. These programs and operations include the following:

The International Terrorism Victim Expense Reimbursement Program (ITVERP) —Through ITVERP, the OVC reimburses victims of international terrorism and their families for expenses related to medical and mental health care, a funeral and burial, repatriation of the victim's remains, property loss, and other expenses including emergency travel. Crime Victim Emergency Assistance Fund at the FBI —With support from this fund, the FBI's Office for Victim Assistance provides support and emergency assistance to victims of terrorism or mass violence. Victim Reunification Program —Through this program, the OVC assists parents whose children are illegally taken across U.S. borders by a spouse or biological parent. Support includes services such as payment of transportation expenses required to attend a court proceeding with the child, translation of documents related to court hearings and the reunification process, and counseling support to prepare the parents for reunification and minimize the trauma for the child. Interagency Agreements —The OVC contracts with and reimburses other agencies, including federal agencies, to provide assistance and compensation to victims of terrorism acts or mass violence occurring within the United States. Special Masters Claims —The OVC funds reimbursement for federal court special masters in certain terrorism-related civil lawsuits.

Funds from the Antiterrorism Emergency Reserve have supported most of these listed activities over the last several years. See the Appendix for further details on use of these funds.

Appendix. Funded Activities under the Antiterrorism Emergency Reserve, FY2014 through July 2016

This appendix includes award data for the past three fiscal years to illustrate how the Antiterrorism Emergency Reserve has been used to assist victims of terrorism or mass violence. Table A-1 includes awards made under the Antiterrorism and Emergency Assistance Program (AEAP) from FY2014 through July 2016. Table A-2 includes all other activities funded by the Antiterrorism Emergency Reserve from FY2014 through July 2016.