WASHINGTON — States and local organizations that aid victims of sexual assault and other crimes are raising the alarm over years of funding declines, which they say is a solemn problem that Congress must address soon or programs will be forced to build waiting lists or become victims in general.
Affected are rape crisis centers, domestic violence shelters, child welfare centers and others that serve millions of Americans and cannot necessarily rely on restricted state or local dollars to keep their doors open if federal funding runs out.
The problem has to do with a cap on payments from the federal crime victims’ fund, which Congress enacted years ago in an earlier attempt at a solution.
Under the cap, the amount of funds available each year depends on a three-year composite average of accrued court fees, fines and penalties – a figure that has fallen by billions over the last six years. The fund does not receive any taxpayer dollars.
National Children’s Alliance CEO Teresa Huizar told States Newsroom that child welfare centers, which aid ensure that children who have survived sexual or domestic violence have access to indispensable services, no longer have anything to cut in their budgets.
“Child support centers are really looking at a number of incredibly difficult choices right now,” Huizar said. “Which children should I serve and which should I reject? CACs that have never had to triage cases will now have to do so. CACs that have never had a waiting list for mental health services will now have long, long waiting lists to admit children to therapy.”
“I mean, imagine you are a child who has been sexually abused and told you will have to wait six months to see a therapist,” Huizar added. “This is terrible.”
New Hampshire Democratic Sen. Jeanne Shaheen, chairwoman of the spending panel that sets the annual cap based on failing revenues, and Kansas Republican Sen. Jerry Moran, the subcommittee’s ranking member, indicated during brief interviews with States Newsroom that a solution was in the works, but declined to providing details.
“We are making efforts to address this and are in the process of doing so, but in the meantime there is not that much money for it,” Shaheen said.
The fund rises and falls by billions every year
Congress created the Crime Victims Fund in 1984 when it approved the Crime Victims Act. Its funding comes from fines, forfeited bonds and other financial penalties in some federal cases.
The amount of funds flowing into the fund changes every year, which makes it hard for organizations applying for and receiving grants to plan their budgets. Congress hoped to alleviate these boom-and-bust cycles by setting an annual limit on the amount of money that could be taken from the crime victims’ fund.
However, the limit has recently declined rapidly, causing frustration for organizations that rely on it and leading to repeated calls for Congress to find a long-term solution.
The limit remained below $1 billion annually until fiscal year 2015, when it increased to $2.3 billion and then peaked at $4.4 billion in fiscal year 2018.
The annual cap then dropped by more than $1 billion, starting a downward trend, according to A report from the Congressional Research Service and data from the Department of Justice.
The cap was set at $2 billion in fiscal 2021, then increased to $2.6 billion in fiscal 2022, and then decreased to $1.9 billion in fiscal 2023.
Congress set the payout cap for fiscal year 2024 at $1.2 billion when it approved the latest round of funds in March, and states and local governments have reacted with concern at the prospect of such dramatic cuts. For example, in Iowawhere the state receives $5 million a year, the potential loss of funds became a solemn question as lawmakers set the budget for court services.
A better fix was sought
Congress approved legislation in 2021, increasing the types of federal court case proceeds going to the crime victims fund, but supporters say a long-term solution is needed.
Huizar said the National Alliance for Children, prosecutors, and organizations fighting domestic and sexual violence are calling on Congress to establish or replenish the funding source to ensure stability and consistency.
“Now is the time for Congress to pay urgent attention to this issue if it does not want the safety net for children, families and victims of serious crimes to simply collapse,” Huizar said.
A bipartisan group of lawmakers — Reps. Stephanie Bice, R-Okla., Jim Costa, D-Calif., Debbie Dingell, D-Mich., Nathaniel Moran, R-Texas, and Ann Wagner, R-Mo. — Introduced legislation that would transfer non-obligated funds collected from entities that defraud the federal government under the False Claims Act to the Crime Victims Fund. The act is the federal government’s primary tool to combat fraud.
This bill is not a long-term solution, but a “temporary infusion of funds,” according to a summary issued by legislators.
As for Senate appropriators, Moran said he and other members of the appropriations subcommittee “are waiting for the Judiciary Committee to study this issue so that we can take the appropriators’ suggestions and incorporate them when we see fit.”
Josh Sorbe, a spokesman for the Senate Judiciary Committee, which is chaired by Illinois Democratic Sen. Dick Durbin, wrote in a statement that “the sustainability of the CVF is critically important, as evidenced by Senator Durbin’s work on the VOCA Fix that passed in 2021, and “We continue to work with our colleagues, victim advocates and service providers to explore further ways to strengthen CVF.”
Shaheen’s office did not provide details on possible changes following repeated requests from States Newsroom.
Is it worth using taxpayers’ money?
National Association of District Attorneys President Charles Smith said his organization supports the House bill but noted one problem with the short-term solution is that the crime victims’ fund would be last in line for additional revenue.
“I believe the government gets the money first, the whistleblower gets the money second, and then we kind of come third,” Smith said.
Smith said one of the issues with fluctuating revenues and available financing is the debate over whether taxpayer dollars should be used to offset low balances.
“We need to come up with an amount that everyone is happy with, so to speak, and fund it from available sources,” Smith said. “But if there is a deficit, there has to be some mechanism to cover it from the general fund.”
The Crime Victims Fund is indispensable for witness coordinators and victim assistance coordinators in prosecutors’ offices and other services for crime survivors.
“They play a critical role in the well-being of the victim and are often critical in getting a witness to appear and testify,” said Smith, who is also the state’s attorney for Frederick County, Maryland.
Organizations that support crime victims, such as child welfare centers, domestic violence shelters and rape crisis centers, are crucial to prosecutors, Smith said.
“Not only are we directly impacted by the loss of staff and resources, but many of the partner agencies we work with will also be impacted,” Smith said of the funding cap reduction.
‘Real alarm’ in the states
Karrie Delaney, director of federal affairs for the National Rape, Abuse and Incest Network, said the slowdown in court cases during the Covid-19 pandemic and the last administration’s failure to litigate so many corporate cases has had a greater than usual impact for the fund.
RAINN is the country’s largest organization fighting sexual violence. In partnership with local organizations, it operates the National Sexual Violence Hotline (800-656-HOPE) and the Department of Defense Secure Hotline. According to its website, it “also runs programs to prevent sexual violence, help victims and ensure that perpetrators are held accountable.”
“I think what’s important from RAINN’s perspective is the real impact that these fluctuations have on the survivors we support and on organizations and service providers across the country,” Delaney said.
She said when the federal limit decreases, crime victim support organizations often turn to state and local governments to fill the gap. And often there are not enough funds for this.
“What we’ve seen in the states is a real wake-up call that tapering cuts are not only impacting the ability of these organizations to offer certain services, but actually keeping their doors open,” Delaney said.
Child welfare centers, domestic violence shelters and rape crisis centers, Delaney added, are “real down-to-earth organizations that help people in times of very active crisis who are at risk of having their programs drastically reduced to the point where which the service will be unavailable. was in danger.”
If you are a victim of crime, there are free hotlines, online and text helplines. There is a list from the Office for Victims of Crime Here. You may also find aid in your state Here.
