Antiterrorism and Emergency Assistance Program (16.321)
Program
16.321 Antiterrorism and Emergency Assistance Program
Federal Agency
Agency: Department of Justice
Office: Office Of Victims Of Crime
Authorization
42 U.S.C. 10601(d)(5), 42 U.S.C. 10603b(b), 42 U.S.C. 10603b(a).
Program Number
16.321
Last Known Status
Active
Objectives
Encompasses two programs for victims of terrorism and/or mass violence: (1) Antiterrorism and Emergency Assistance Program (AEAP) and (2) The International Terrorism Victim Expense Reimbursement Program (ITVERP). The AEAP provides assistance and compensation services for victims of domestic terrorism and intentional mass criminal violence and assistance for victims of international terrorism. ITVERP provides reimbursement for victims of acts of international terrorism that occur outside the United States for expenses associated with that victimization.
Types of Assistance
DIRECT PAYMENTS FOR A SPECIFIED USE; PROJECT GRANTS
Uses and Use Restrictions
AEAP funds are available specifically for services to victims of terrorism and/or intentional mass criminal violence. Funded activities may include compensation, emergency relief, including crisis response efforts, assistance, , and ongoing assistance, including during any investigation or prosecution to victims of terrorist acts or mass violence occurring within and outside the United States. Nonmonetary assistance is available for training and technical assistance. ITVERP provides direct reimbursement for out-of-pocket expenses to victims of international terrorism. Claimants may seek reimbursement for expenses incurred for medical, mental health, funeral and burial, property loss, and other miscellaneous costs (including emergency travel, temporary lodging, and telephone costs).
Eligibility Requirements
Applicant Eligibility
AEAP: Criteria will vary depending on the grant. For terrorism or mass violence occurring within or outside the U.S., eligible applicants for funding under VOCA, Title II, 42 U.S.C. 1603b, 1404B, include states, victim service organizations, and public agencies (including federal, State and local governments) and non-governmental organizations that provide assistance to victims of crime. With the exception of ITVERP, OVC does not provide funding directly to individual crime victims. ITVERP: For an applicant to be eligible to receive reimbursement under ITVERP as authorized under VOCA, Title II, 42 U.S.C. 10603c, 1404C, an individual must be a national of the United States or an officer or employee of the U.S. Government, as of the date on which the act of terrorism occurred. In addition, the individual must have suffered direct physical or emotional injury or death as a result of an act of international terrorism occurring on or after December 21, 1988, with respect to which an investigation or prosecution was ongoing after April 24, 1996.
Beneficiary Eligibility
AEAP: Public and private nonprofit victim assistance agencies; victims of domestic and international terrorism. Eligibility depends on the nature of the grant. ITVERP: The law requires that the individual victim must have suffered direct physical or emotional injury or death as a result of an act of international terrorism occurring on or after December 21, 1988, with respect to which an investigation or prosecution was ongoing or was commenced after April 24, 1996. In the case of a victim who is a minor, incompetent, incapacitated, or is killed, a family member or legally designated representative of the victim may receive expense reimbursement on behalf of the victim. In addition to the victim, claimants may include the following: Spouse of the victim, Parents of the victim, Children of the victim, Siblings of the victim, Legally designated victim representative.
Credentials/Documentation
All potential applicants shall submit a written proposal along with a budget and budget narrative to the OVC Director for consideration. Proposals submitted by State crime victim compensation program administrators should include the following: (1) a description of the qualifying crime; (2) the projected number of claims to be paid and the projected number of claimants to receive payments; (3) the states maximum award amount by category, such as medical, mental health, lost wages, funeral, etc.; and (4) a description of the range of expenses covered by the program and the amount of state funding available to cover victim claims. Proposals submitted by State crime victim assistance administrators, and all other applicants seeking crime victim assistance, should include the following: (1) type of crime and description of the criminal event; (2) identification of the lead law enforcement agency conducting the investigation; (3) estimated number of victims affected by the crime; (4) description of the applicant's role in responding to the victim population since the date of the incident; (5) description of services that this funding will support and how these efforts will complement services already in place or will respond to an unmet need; (6) the amount of funding requested and the time frame for support; and (7) description of outreach and coordination with other public and private entities during the process of preparing the request for assistance. Once approved for applying, an AEAP solicitation, with detailed instructions on applying as well as reporting requirements, will be posted on the OJP electronic Grants Management System (GMS). Applicants, except Federal agencies, must submit through GMS (1) SF-424, Application for Federal Funding and applicable assurances and forms; and (2) Budget and budget narrative including a description of all other federal and nonfederal contributions (cash or in-kind). Applications for the AEAP must be submitted to the OVC Director as soon as practical following a terrorist or mass violence event by the appropriate State or federal official or private victim service and non-governmental organizations. ITVERP: All potential applicants shall submit a written application along with all supporting documentation to OVC for consideration. Claimants may apply for itemized, interim emergency, or supplemental reimbursement. An Itemized application should be used by those eligible claimants who are making a first-time request for reimbursement of out-of-pocket expenses that were paid following an international terrorism event. An Interim Emergency application should be used by eligible claimants seeking funds for an immediate need such as medical treatment, short-term lodging, or emergency transportation. A Supplemental application should be used by eligible claimants whose expenses have changed since they submitted an initial application. The supplemental application is for bills that may have been received late, or for new services that were not originally thought necessary or included in the original application. OMB Circular No. A-87 applies to this program.
Application and Award Process
Preapplication Coordination
Preapplication coordination is required. Environmental impact information is not required for this program. This program is excluded from coverage under E.O. 12372.
Application Procedure
OMB Circular No. A-102 applies to this program. OMB Circular No. A-110 applies to this program. AEAP: Whereas the previously submitted proposal letter, budget, and budget narrative were key factors in determining eligibility for funding, they were submitted prior to the posting of a solicitation. Application materials submitted electronically through GMS in response to either the assistance or compensation solicitation become permanent parts of the award file. Thus, it will be necessary to resubmit the proposal letter, budget, and budget narrative documents as part of the application package. Applications will be accepted following an incident of terrorism or mass violence in accordance with the timetable set forth in the AEAP Guidelines. There are two factors that determine the application submission requirements for the AEAP: (1) the applicant status, i.e., government agency (Federal, State, or local), non-governmental organization, or victim service organization; and (2) the type of support requested, i.e., crisis response, consequence management, criminal justice, victim compensation, technical assistance (nonmonetary assistance). Application requirements are listed below. Application requirements for State crime victim compensation programs - Funding will be made available to State crime victim compensation programs in response to an incident of terrorism or intentional mass criminal violence within the United States in the form of a grant. Requests for funding from State crime victim compensation programs may be made at any time in the aftermath of an incident and should include: (1) Responses to the questions or issues raised in the AEAP Compensation Solicitation ; (2 Proposal letter ; (3) Budget.; (4) Budget narrative; and (5) SF-424, Application for Federal Assistance and applicable assurances and forms.. Application requirements for all other recipients of funds -All other applicants seeking Antiterrorism Emergency Reserve support are required to submit: (1) Responses to the questions or issues raised in the AEAP Assistance Solicitation; (2) Proposal letter; (3) Budget; (4) Budget narrative; and (5) SF-424, Application for Federal Assistance and applicable assurances and forms. While no direct funding is available, OVC may provide its own consultants to meet the training and technical assistance needs of applicants. Training and technical assistance may be requested by submitting a letter describing the nature of the problem; the type of expertise or assistance needed; the duration of assistance; and the projected outcomes of the technical assistance or training. See OVC guidelines published in the Federal Register (Vol. 67, No. 21, Thursday, January 31, 2002) for additional information on application requirements for the AEAP. ITVERP: Step 1: Identify the type of application you are applying for by marking the appropriate type at the top of the application form. In addition, a supplemental sheet must be filled out by applicants. Sections B, F and H should be answered by all applicants; section G should be answered by Itemized and Supplemental applicants only. Detailed instructions are included. Step 2: If you believe that you are an eligible victim of a "designated" international terrorism event, please use the following forms and information to prepare your application for reimbursement. Required Documentation: A victim is required to submit documentation that provides proof of identity, citizenship, employment, and damage/injury sustained during the international terrorism event. A victim's family member or representative is required to submit documentation of his/her relationship to the victim plus medical information or a death certificate as appropriate, in addition to the items named above. In all cases, receipts for expenses incurred in the recovery process will be required. If any of the requireddocumentshavebeendestroyedandareunavailablefromanyothersource, you must provide and certify a list of destroyed documents and how each would apply to your ITVERP application.
Award Procedure
AEAP: Upon receipt and internal review of a complete application, it is the intention of OVC to notify applicants of funding decision within 5 business days or as soon as practicable. The applicant may be notified by telephone, Internet or facsimile. ITVERP: After review of each application, the Director shall determine the eligibility of the victim or representative and the amount, if any, eligible for reimbursement, specifying the reasons for such determination and the findings of fact and conclusions of law supporting it. A copy of the determination shall be mailed to the claimant at his last known address.
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Deadlines
Contact the headquarters or regional office, as appropriate, for application deadlines.
Range of Approval/Disapproval Time
AEAP: It is OVC's intention to make a funding decision within 5 business days of receipt of a complete application or as soon as practicable. ITVERP: It is OVC’s intention to review and process payments as soon as practicable. For itemized and supplemental claims, range of approval/disapproval is dependant upon receipt of an official determination of a reasonable indication of an act of international terrorism from the Assistant Attorney General of National Security for a particular event. Processing time is also dependant upon timely response by claimants of any outstanding documents or information required to process claim applications. Claimants may apply for an interim emergency payment, prior to a determination under Section 94.21(a). If the Director determines that such payment is necessary to avoid or mitigate substantial hardship that may result from delaying reimbursement until complete and final consideration of an application, such payment may be made to cover immediate expenses such as those of medical care, funeral and burial, short-term lodging, and emergency transportation.
Appeals
For both programs, hearing by the Assistant Attorney General, Office of Justice Programs.
Renewals
AEAP: See OVC guidelines for Antiterrorism and Emergency Assistance Program for Terrorism and Mass Violence Crimes published in the Federal Register, Vol. 67, No. 21, Thursday, January 31, 2002. ITVERP: Not applicable.
Assistance Considerations
Formula and Matching Requirements
Statutory formulas are not applicable to this program.
This program has no matching requirements.
This program does not have MOE requirements.
Length and Time Phasing of Assistance
AEAP: For grants, dollars remaining unspent by the State or program within 3 fiscal years after the end of the fiscal year in which the award was made, will revert to the Crime Victims Fund/Antiterrorism Emergency Reserve. Funds are released via the Electronic Transfer System (formerly the Letter of Credit System) on an as needed basis to the recipient.
ITVERP: Reimbursements are released via the Electronic Transfer System directly into the claimant’s bank account. See the following for information on how assistance is awarded/released: Please contact program office for more information.
Post Assistance Requirements
Reports
Program reports are not applicable. Cash reports are not applicable. AEAP: semi-annual progress reports are required. ITVERP: There are no reporting requirements for claimants under ITVERP. Quarterly financial reports will be required as stipulated in the effective edition of the OJP Financial Guide. A final financial and program report also will be required. ITVERP: There are no reporting requirements for claimants under ITVERP. Performance measure data, as stipulated in the solicitation, are required.
Audits
In accordance with the provisions of OMB Circular No. A-133 (Revised, June 27, 2003), "Audits of States, Local Governments, and Non-Profit Organizations," nonfederal entities that expend financial assistance of $500,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Nonfederal entities that expend less than $500,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in Circular No. A-133. AEAP: All organizations that expend financial assistance of $500,000 or more in any fiscal year must have a single audit for that year in accordance with OMB Circular No. A-133, as amended, unless the audit condition on the award says otherwise. These audits are due to the cognizant Federal agency not later than 9 months after the end of the grantee's fiscal year. Not applicable to ITVERP.
Records
AEAP: Financial records, supporting documents, statistical records, and all other records pertinent to a grant shall be retained for a period of 3 years.
ITVERP: Files are retained on hard copy and on a computer database. All claim files and automated data pertaining to a claim are destroyed 10 years after the date the claim has been fully processed and/or payment made, as approved by the National Archives and Records Administration (NARA). Automated data is retained in its most current form only, however, and as information is updated, outdated information is deleted.
Program Accomplishments
Fiscal Year 2008: OVC has been routinely called upon to respond to incidents of terrorism and mass violence such as the 2009 shootings at the Immigration Assistance Center in Binghamton, New York, the 2008 University shootings at Virginia Tech and Northern Illinois University; and the 2007 shootings at Omaha’s West Roads Shopping Mall;
OVC provided mental health counseling and other services or compensation to students, faculty, and emergency services personnel following fatal school shootings in 2005 and 2006 at the Nickel Mines Amish Schoolhouse in Pennsylvania, Platte Canyon High School in Colorado, and Red Lake High School on the Red Lake Indian Reservation in Minnesota, and to witnesses of a courthouse shooting and subsequent carjacking in 2005 in Atlanta, Georgia. OVC has supported mental health services for New York City firefighters, police officers, emergency medical technicians, and other emergency responders who experienced emotional and psychological trauma at Ground Zero. OVC has also provided funding for assistance and services for victims of the September 11, 2001 terrorist attacks in the USA, Oklahoma City, the bombings of Pan Am 103, the US Embassies in Kenya and Tanzania, Khobar Towers, the USS Cole, and the terrorist attacks in Bali, Indonesia, Saudi Arabia, Afghanistan and Iraq (e.g. bombing of UN Headquarters in Baghdad). Assistance has included toll-free information lines, family web sites, informational briefings, travel to criminal justice proceedings, and mental health counseling. In addition, OVC works in liaison with other Federal agencies to coordinate services for victims of terrorism; has worked with the Center for Mental Health Services at HHS to develop training for mental health service providers on assisting victims of terrorism and mass violence; and is working with the Federal Emergency Management Agency (FEMA) to better coordinate and collaborate on victim services in the event of a mass crisis incident.
ITVERP: As of May 2009, ITVERP has received seventy-three applications. Of those, 43 are in process; seven have been denied; 5 have been closed; and 18 applications have been approved, processed, and paid. Over $242,400 in reimbursement payments has been paid out to claimants. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available
Financial Information
Account Identification
15-5041-0-2-754.
Obligations
(Project Grants (Contracts)) FY 08 $4,797,982; FY 09 est not reported.; FY 10 est not reported.
Range and Average of Financial Assistance
Varies depending on terrorism/mass violence event and specific need(s).
Regulations, Guidelines and Literature
Further guidance on the AEAP application procedure and current edition of the OJP Financial Guide are available on the OVC web site at www.ovc.gov or by writing to Office for Victims of Crime, Office of Justice Programs, Department of Justice, 810 Seventh Street, NW., Washington, DC 20531; Telephone: (202) 307-5983. ITVERP application materials and program information are available on the OVC web site at www.ovc.gov/itverp or by writing to Office for Victims of Crime, Office of Justice Programs, Department of Justice, 810 Seventh Street, NW., Washington, DC 20531; Telephone: (1-800) 363-0441.
Related Programs
16.575 Crime Victim Assistance; 16.576 Crime Victim Compensation; 16.582 Crime Victim Assistance/Discretionary Grants
Information Contacts
Regional or Local Office
None.
Headquarters Office
Office for Victims of Crime Office for Victims of Crime, Office of Justice Programs, Department of Justice, 810 Seventh Street, NW., Washington, District of Columbia 20531 Phone: (202) 307-5983
Web Site Address
Examples of Funded Projects
Fiscal Year 2008: AEAP: Potential projects may include, but are not limited to: crisis response grants to provide resources to help victims rebuild adaptive capacities, decrease stressors, and to reduce symptoms of trauma immediately following the terrorism or mass violence event; consequence management grants designed to provide supplemental resources to help victims adapt to the trauma event and to restore victims' sense of equilibrium; criminal justice support grants to facilitate victim participation in an investigation or prosecution directly related to the terrorist and mass violence event; crime victim compensation grants to provide supplemental funding to a State crime victim compensation program that reimburses victims for out-of-pocket expenses related to their victimization in cases of terrorism or mass violence occurring within the United States; training and technical assistance for States and local communities to help when responding to terrorism and mass violence; and assistance to victims of acts of international terrorism that occur outside the United States. ITVERP: Applicants have received payments for the following terrorism events: bombing of a housing compound in Riyadh, Saudi Arabia; nightclub bombings in Bali, Indonesia; the airport bombing in Davao City, Philippines; the U.S. embassy bombings in Nairobi, Kenya; and the Khobar Towers bombing in Dhahran, Saudi Arabia; and the coordinated terrorist attacks in Mumbai, India. Fiscal Year 2009: No Current Data Available Fiscal Year 2010: No Current Data Available
Criteria for Selecting Proposals
General criteria for selecting proposals are spelled out in the guidelines, regulations, and application kits for these programs. Additional criteria may be developed by the Office for Victims of Crime and will be published in the application packages.
