Victims of Crime Act Crime Victim Compensation Grant
Program Instruction and Application Kit
Fiscal Year 2001

This Program Instruction and Application Kit contains the forms and detailed information required to apply for a Victims of Crime Act (VOCA) FY 2001 crime victim compensation grant. This Kit must be used in conjunction with VOCA; the Crime Victim Compensation Final Program Guidelines; the Office of Justice Programs (OJP) OJP Financial Guide; and all other applicable federal laws. The crime victim compensation grant program is authorized by the Victims of Crime Act of 1984, as amended (codified at 42 U.S.C. 10601 et seq.)

For detailed information on specific requirements listed in this application, please refer to the Crime Victim Compensation Final Program Guidelines found in Attachment B and to the OJP Financial Guide. The Final Program Guidelines are the final authority over the VOCA victim compensation program.

In this Kit, the term "state" includes all states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, the Commonwealth of Northern Mariana Islands, American Samoa, and Guam.

All forms and certifications must be signed by the authorized representative of the state agency designated by the governor to apply for and administer the federal grant. If the designated state agency has changed and the Office for Victims of Crime (OVC) has not been notified, include with the application a letter signed by the governor designating the new agency.

The following forms must be submitted with the application package:

• Application for Federal Assistance, Standard Form 424 (Attachment C).
  Standard Form 424 is the face sheet for the application. Instructions for completing the form can be found in Attachment C along with a completed sample.
  
  
• Assurances (Attachment D).
  
  
• Certification Regarding Lobbying; Debarment, Suspension, and Other Responsibility Matters; and Drug-Free Workplace Requirements (Attachment E).


Section 1: Lobbying.
This certification is a material representation of fact on which OVC relies when considering the application. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.

Section 2: Debarment, Suspension, and Other Responsibility Matters.
Cross out this section since it is not applicable.

Section 3: Drug-Free Workplace.
Grantees of federal agencies are required to certify that they will provide drug-free workplaces in compliance with the Drug-Free Workplace Act of 1988.


• Disclosure of Lobbying Activities (Attachment F).
  Any state grantee that receives more than $100,000 and has engaged in reportable federal lobbying activities must complete this form.
  
  
• Crime Victim Compensation State Certification Form and Instructions (Attachment G).
  The amount certified on this form will be used by the Office of the Comptroller and OVC to determine the annual federal grant award to each eligible state in FY 2002. Report all sources of state revenue available to the crime victim compensation program during FY 2000, except for amounts paid for property losses or damage.
  
  
• Application Kit Checklist (Attachment H).

Other written documents required are as follows:

• The most recent copy of the state statute covering the crime victim compensation program.
  
  
• The name, address, and telephone number of the contact for civil rights.
  
  
• If the state grantee chooses to use up to 5 percent of the award for administering the state compensation program, a statement of the amount of the award to be used for this purpose and certification that the use of these funds will not supplant state or local funds available for the administration of this program must be submitted.
  
  
• A written certification that the state grantee meets all of the eligibility requirements found in Part II of this document, State Grantee Eligibility Requirements.
  
  
• A letter from the governor if the designated state agency has changed and OVC has not been notified.

To be eligible for a VOCA crime victim compensation grant, each state¹ must provide written assurance of compliance with the following:

• The program is operated by a state and offers compensation to victims and survivors of victims of criminal violence, including driving while intoxicated, domestic violence, and terrorism outside the jurisdiction of the United States for—
  
  
  • Medical expenses attributable to a physical injury resulting from compensable crime² , including expenses for mental health counseling and care.
    
    
  • Loss of wages attributable to a physical injury resulting from a compensable crime.
    
    
  • Funeral expenses attributable to a death resulting from a compensable crime.
    
    
• The program promotes victim cooperation with the reasonable requests of law enforcement authorities.
  
  
• The program certifies that grants received for crime victim compensation will not be used to supplant state funds otherwise available to provide crime victim compensation.
  
  
• The program provides compensation to residents and nonresidents on the same basis.
  
  
• The program provides compensation to victims of federal crimes occurring within the state on the same basis that it provides compensation to victims of state crimes.
  
  
• The program provides compensation to state residents who are victims of terrorism outside the jurisdiction of the United States or in a U.S. territory without a crime victim compensation program.
  
  
• The program does not, except according to state established rules, deny compensation to any victim because of the victim's familial relationship to the offender or because the victim and offender share the same residence.
  
  
• The program includes as compensable crimes those crimes whose victims suffer death or personal injury as a result of the intentional or attempted defacement, damage, or destruction of any religious real property because of its religious character or the obstruction, by force or threat of force, of any person's enjoyment of the free exercise of religious beliefs when the crime is covered by interstate or foreign commerce. VOCA also requires that states include as compensable crimes those crimes whose victims suffer death or personal injury as a result of the intentional or attempted defacement, damage, or destruction of any religious real property because of the race, color, or ethnic characteristics of any individual associated with the religious property.
  
  
• The program provides other information and assurances related to the crime victim compensation program as the OVC Director may reasonably require.
  
  
• The program is required to assist OVC in implementing its responsibilities under the National Historic Preservation Act (NHPA). Specifically, the grantee will establish and maintain records when reviewing and considering any request for use of grant funds that involves proposed renovation work. Renovation work includes altering or otherwise improving the exterior or interior of a structure. This applies to proposed renovation work that is not only specifically funded with OVC compensation grant funds, but also may be funded by the grantee or any third party as a prerequisite to accommodate the proposed use of the grant funds. This provision is limited to state grantees and cannot be passed through as an obligation for a victim.
  
  
  • The grantee must certify to OVC that they have established and maintain records of any of the proposed renovation work on a structure that is less than 50 years old or more than 50 years old.
    
    
  • If the structure is determined to be less than 50 years old and this fact is documented in the grant file, no further action is required. If any portion of the structure is more than 50 years old, the grantee is required to contact the State Compensation and Assistance Division Director at 202-307-5983 to provide information needed for the NHPA consultation process. This may include assisting OVC to consult with the State Historic Preservation Officer and amending the proposed renovation work to avoid any potential adverse impact to a historic structure.
    
    
  • The grantee assures not to fund any proposed renovation of a structure more than 50 years old until the grantee has received written approval from OVC.

Each state, the District of Columbia, Guam, the U.S. Virgin Islands, and the Commonwealth of Puerto Rico are eligible to receive FY 2001 VOCA crime victim compensation grant funds. Annual grants equal 40 percent of the amounts awarded by the program from state sources of revenue 2 years prior to the grant year. For example, for FY 2001, a program's grant allocation is based on 40 percent of the amount awarded from state revenues in FY 1999.

To be eligible for a VOCA crime victim compensation award a state must submit a FY 2000 Crime Victim Compensation State Certification Form for the period October 1, 1999, through September 30, 2000. The amount certified on this form will be used by the Office of the Comptroller and OVC to determine the FY 2002 state grant awards. The certification form and instructions are found in Attachment G.

Since FY 1995, VOCA has allowed state grantees to use up to 5 percent of the crime victim compensation award for administering the state crime victim compensation program. The purpose of these funds is to advance, enhance, or expand program administration, including claims processing, staff development, public outreach, and financial management. The goal is to support effective delivery of compensation services to crime victims.

State grantees must certify that VOCA funds used for administration will not supplant state or local funds but will increase the amount of funds available for administering the compensation program. Stategrantees must have an established baseline level of effort documented prior to the use of VOCA administrative funds.

The following hypothetical example illustrates how the maintenance of effort can be documented:

• In FY 2000, a state grantee spent $70,000 to administer the crime victim compensation grant program. These funds supported the salary and benefits of two staff (a director and a claims investigator).
  
  
• With the FY 2001 grant program, the state grantee will receive a crime victim compensation grant of $700,000. The state will use $35,000 of the VOCA grant (5 percent) to expand and improve services to crime victims by hiring and training a restitution coordinator.
  
  
• For the state grantee to satisfy the maintenance of effort requirement, it must be able to document that at least $105,000 ($70,000 plus $35,000) will be used to administer the FY 2001 grant program.

As examples of activities and costs directly related to managing a VOCA grant, state grantees may use administrative funds for the following:

• Program personnel salary and benefits.
  
  
• Travel costs for attendance at state, regional, and national compensation training conferences.
  
  
• Computer equipment and support services.
  
  
• Audit costs.
  
  
• Costs involved in outreach activities including the production and distribution of program brochures and posters.
  
  
• Professional fees for computer services.
  
  
• Peer review of compensation claims.
  
  
• Agency membership dues for victim compensation organizations.
  
  
• Program enhancements such as toll-free numbers.
  
  
• Special equipment and materials to facilitate services to persons with disabilities.
  
  
• Other reasonable costs directly related to administering a compensation program.

As examples of supporting activities that impact the delivery and quality of compensation services to crime victims, state grantees may use administrative funds to do the following:

• Improve coordination efforts on behalf of crime victims with programs funded by other Office of Justice Programs offices and bureaus and with federal, state, and local agencies and organizations.
  
  
• Provide training on the crime victim compensation program to state, public, and nonprofit organizations that serve or assist crime victims.
  
  
• Develop protocols, policies, and procedures that promote coordination of victim compensation and victim assistance services and improve treatment of and services to crime victims.

Only staff activities directly related to compensation functions may be funded with VOCA administrative funds. The staff must work directly for the compensation program in the same proportion as they are supported with VOCA funds. If VOCA supported staff have other functions, the proportion of time working on the compensation program must be documented, using some reasonable method at regular intervals or time and attendance records, to provide a clear audit trail for expenditure of grant funds.

Similarly, VOCA administrative funds may be used to pay for a proportional share of equipment costs supporting VOCA-related activities.

States using VOCA funds for administration must notify OVC in writing of the amount of the award to be used. This notice may be provided at the time of application or at the time this option is exercised and when modifying the amount to be used.

State grantees must maintain documentation to support expenditure of VOCA funds for administration and must include a narrative description of the impact of these funds in the annual performance report.

Each state grantee must submit an annual performance report. OVC uses this information in writing its report to Congress to document the impact of federal funds on the lives of crime victims. A copy of the performance report is found in Attachment I. It is due January 15 of each year for the preceding fiscal year. The annual performance report for funds expended from October 1, 1999, through September 30, 2000, is due January 15, 2001.

State grantees must adhere to the financial and administrative provisions of the effective edition of the OJP Financial Guide. The following represent the core financial requirements under the grant program:

The award document is the operative document obligating and reserving federal funds for use by the state grantee. This obligation may be terminated without further cause if the grantee fails to affirm timely utilization of the grant by signing and returning the acceptance document to OJP and OVC within 45 days from the date of the award. No federal funds will be disbursed to a grantee until the signed award document and signed special conditions accepting the grant have been received by OJP and OVC.

States must be enrolled in the Automated Clearing House (ACH) Vendor Express program to requestfederal funds. For information on the ACH Vendor Express program, please call the Office of the Comptroller, Customer Service Center at 800-458-0786 or send inquiries via e-mail to askoc@ojp.usdoj.gov.

Crime victim compensation grant funds may be obligated at any time during the balance of the fiscal year in which the award was made and the following 3 fiscal years. The FY 2001 grant period begins October 1, 2000, and ends on September 30, 2004. Although VOCA compensation awards are not made until after the October 1 start date, state grantees may pay claims prior to receiving the award and use the award funds to cover those costs when they become available.

State grantees must submit a Financial Status Report (SF-269A) each quarter to the Office of the Comptroller. The report is due within 45 days after the end of each calendar quarter (i.e., 45 days after March 31, June 30, September 30, and December 31). Final Financial Status Reports are due 120 days after the end of the grant period. Failure to comply with this requirement may result in administrative action such as the withholding of payments, cancellation of a letter of credit, or noncertification of new or supplemental grant awards.

• State and Local Governments, Institutions of Higher Education, and Nonprofit Institutions.
  
  The Single Audit Act mandates one audit circular for state and local governments, institutions of higher education, and other nonprofit institutions; i.e., OMB Circular A-133, as amended. This circular requires an audit for all entities that expend $300,000 or more in federal funds per year. The audit report must be submitted within 9 months from the end of the state fiscal year.
  
  For example, a state grantee expends $500,000 in federal funds, so an audit is required. If the audited fiscal year is July 1, 2000, through June 30, 2001, the $300,000 audit threshold is in effect and the audit due date is March 31, 2002; that is, 9 months after the close of the fiscal year. Subsequent audits also will be due 9 months after the end of the audited fiscal year.
  
  For further information, please contact the Office of the Comptroller, Customer Service Center at telephone number 800-458-0786 or send inquiries via e-mail to askoc@ojp.usdoj.gov.
  
  
• Audit Costs.
  
  Under OMB Circular A-133, as amended, audit costs are generally allowable charges to federal grants. Audit costs incurred by state grantees are an administrative expense and may be paid with the allowable 5 percent for administration. Any of the VOCA grant funds used for administrative purposes cannot be included in the state-certified payout. Audit costs incurred for audits not required by OMB Circular A-133 are unallowable.

State grantees are provided significant latitude in the types of expenses for which compensation is awarded. Compensable crimes are outside the jurisdiction of the United States defined in state legislationor rule. Compensable crimes must include terrorism in other countries, driving while intoxicated, and domestic violence. The following mandatory expenses are to be covered under the program:

• Medical expenses attributable to a personal injury resulting from a compensable crime, including expenses for mental health counseling and care.
  
  
• Loss of wages attributable to a personal injury resulting from a compensable crime.
  
  
• Funeral expenses attributable to a death resulting from a compensable crime.

State grantees may include expenses, not specifically identified in VOCA such as the following:

• Pain and suffering.
  
  
• Crime scene cleanup and replacement costs for clothing and bedding held as evidence. (These items are exempt from the prohibition against reimbursing victims for property losses.)
  
  
• Annuities for child victims for loss of support.
  
  
• Medically necessary building modification.
  
  
• Medically necessary devices.
  
  
• Attorney fees related to a victim's claim for compensation.
  
  
• Forensic sexual assault examinations, even if the victim does not report the crime to law enforcement, if the payments are made from funds administered by the compensation program and are allowable under the state's statute or administrative rules.

The Director of OVC, after reasonable notice and opportunity for a hearing on the record, finds that a state grantee has failed to substantially comply with VOCA, the Crime Victim Compensation Final Program Guidelines, the OJP Financial Guide, other applicable federal laws, or the terms and conditions of the grant award, may suspend or terminate funding to the state grantee or take other appropriate action, as deemed necessary.

State grantees must provide OVC and other federal agency officials access to any book, document, papers, and records for the purpose of audit and examination. Other federal agencies include the U.S. Department of Justice Office of the Inspector General, the Office of the Comptroller, and the General Accounting Office.

OVC and the Office of the Comptroller conduct periodic onsite reviews of state grantee records pertaining to certified payments to crime victims from state funding sources and all other financial and programmatic aspects of the state crime victim compensation program. The purpose is to determine compliance with VOCA, the Crime Victim Compensation Final Program Guidelines, the OJP Financial Guide, civil rights requirements, and all other applicable federal laws.

2 VOCA defines the term "compensable crime," to include crimes, whose victims suffer death or personal injury, that are described in section 247 of Title 18 (damage to religious property; obstruction of persons in the free exercise of religious beliefs), crimes involving terrorism, driving while intoxicated, and domestic violence.