Voca Fix to Sustain the Crime Victims Fund Act of 2021
Floor Speech
BREAK IN TRANSCRIPT
Mr. NADLER. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 1652) to deposit certain funds into the Crime Victims Fund, to waive matching requirements, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: H.R. 1652
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the ``VOCA Fix to Sustain the Crime Victims Fund Act of 2021''. SEC. 2. COMPREHENSIVE FIX OF CRIME VICTIMS FUND AND COMPENSATION.
(a) Crime Victims Fund.--Section 1402 of the Victims of Crime Act of 1984 (34 U.S.C. 20101) is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``; and'' and inserting a semicolon;
(B) in paragraph (5)(B), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(6) any funds that would otherwise be deposited in the general fund of the Treasury collected pursuant to--
``(A) a deferred prosecution agreement; or
``(B) a non-prosecution agreement.''; and
(2) in subsection (e), by striking ``Director'' and inserting ``Director, except that renewals and extensions beyond that period may be granted at the discretion of the Attorney General''.
(b) Crime Victim Compensation.--Section 1403 of the Victims of Crime Act of 1984 (34 U.S.C. 20102) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``40 percent in fiscal year 2002 and of 60 percent in subsequent fiscal years'' and inserting ``75 percent'';
(B) in paragraph (2), by striking ``of 40 percent in fiscal year 2002 and of 60 percent in subsequent fiscal years'';
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following new paragraph:
``(3) For the purposes of calculating amounts awarded in the previous fiscal year under this subsection, the Director shall not require eligible crime victim compensation programs to deduct recovery costs or collections from restitution or from subrogation for payment under a civil lawsuit.'';
(2) in subsection (b)(2) by striking ``authorities;'' and inserting ``authorities, except if a program determines such cooperation may be impacted due to a victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's wellbeing;''; and
(3) in subsection (d)--
(A) in paragraph (3), by striking ``; and'' and inserting a semicolon;
(B) in paragraph (4), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) the term `recovery costs' means expenses for personnel directly involved in the recovery efforts to obtain collections from restitution or from subrogation for payment under a civil law suit.''. SEC. 3. WAIVER OF MATCHING REQUIREMENT.
(a) In General.--Section 1404(a) of the Victims of Crime Act of 1984 (34 U.S.C. 20103(a)) is amended by inserting at the end the following new paragraph:
``(7)(A) Each chief executive may waive a matching requirement imposed by the Director, in accordance with subparagraph (B), as a condition for the receipt of funds under any program to provide assistance to victims of crimes authorized under this chapter. The chief executive shall report to the Director the approval of any waiver of the matching requirement.
``(B) Each chief executive shall establish and make public, a policy including--
``(i) the manner in which an eligible crime victim assistance program can request a match waiver;
``(ii) the criteria used to determine eligibility of the match waiver; and
``(iii) the process for decision making and notifying the eligible crime victim assistance program of the decision.''.
(b) National Emergency Waiver.--Section 1404(a) of the Victims of Crime Act of 1984 (34 U.S.C. 20103(a)), as amended by subsection (a), is further amended by inserting at the end the following new paragraph:
``(8) Beginning on the date a national emergency is declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to a pandemic and ending on the date that is one year after the date of the end of such national emergency, each chief executive shall issue waivers for any matching requirement, in its entirety, for all eligible crime victim assistance programs contracted to provide services at that time.''. SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled ``Budgetary Effects of PAYGO Legislation'' for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
BREAK IN TRANSCRIPT
Mr. NADLER. 1652.
BREAK IN TRANSCRIPT
Mr. NADLER. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, the VOCA Fix to Sustain the Crime Victims Fund Act would support vital victim service programs by preventing future cuts to already diminished Federal victim service grants.
Grants under the Victims of Crime Act, or VOCA, are the primary source of Federal funding for thousands of victim service providers around the country, including programs serving victims of domestic violence, sexual assault, child abuse, trafficking, and drunk driving. VOCA grants also fund victim compensation, including paying medical bills, covering lost wages, and paying for funeral costs.
These critical grants are not taxpayer-funded. Instead, they are paid out of the Crime Victims Fund, or CVF, which is funded, in turn, through Federal criminal fines, forfeited bail bonds, penalties, and special assessments collected by U.S. Attorneys' Offices, Federal U.S. courts, and the Federal Bureau of Prisons.
Over the past several years, however, deposits into the CVF have dropped significantly, leading to corresponding cuts in grants to victim service providers. This is, in part, because the Federal Government has increased its reliance in recent years on deferred prosecution and nonprosecution agreements, the penalties from which are not deposited into the CVF.
This legislation would shore up funding for this critical fund by requiring DOJ to deposit penalties from these deferred prosecution and nonprosecution agreements into the CVF, in addition to the funds currently deposited from other sources.
Not only does this legislation ensure the CVF is more financially stable, it would also make much-needed improvements to victim compensation and services. For example, it would increase the statutory amount awarded to victim compensation programs, and it expands the range of victims eligible for compensation. It also allows States to request a no-cost extension from the Attorney General, as allowed for other Department of Justice formula grant programs, to ensure that States can thoughtfully and effectively distribute victim service grants without being penalized.
Other improvements include waiving matching requirements for the duration of the COVID-19 crisis, plus 1 additional year, and additional discretion for the States which administer VOCA funds to further waive matching requirements once this initial waiver period expires.
All of these provisions would substantially improve the program's effectiveness and would enable it to offer more services to more people.
I want to thank the gentleman from Pennsylvania (Mr. Fitzpatrick), the gentlewoman from Texas (Ms. Jackson Lee), and the other bipartisan cosponsors of this important legislation for their support. I also want to thank our colleagues in the Senate, including Senator Durbin, the lead sponsor, and Senator Graham, for their efforts to pass this bill in that Chamber as well.
This bipartisan and bicameral legislation ensures that programs and services assisting victims of crime are fully funded and are better- supported, with no new taxpayer dollars.
BREAK IN TRANSCRIPT
Mr. NADLER. Madam Speaker, I yield 3 minutes to the gentlewoman from Texas (Ms. Jackson Lee).
BREAK IN TRANSCRIPT
Mr. NADLER. Madam Speaker, I yield the gentlewoman an additional 1 minute.
BREAK IN TRANSCRIPT
Mr. NADLER. Madam Speaker, I yield myself the balance of my time for the purpose of closing.
Last year, all 56 State and territorial attorneys general sent a letter to Congress warning us that the balance and financial health of the Crime Victims Fund is in jeopardy and urging that we act swiftly to address the problem. They explained any decrease in the funds available for distribution results in a decrease in the number of victims and survivors that are served, as well as potential loss of essential staff in victim service programs.
The VOCA Fix to Sustain the Crime Victims Fund Act heeds their call and would ensure that this fund has the resources it needs to continue delivering essential services to victims of crime. This important legislation is supported by more than 1,670 national, regional, State, territorial, and local organizations.
I thank all of my colleagues who have supported this bill. I am aware of no opposition to this bill at all, and I urge all of my colleagues to support it.
Madam Speaker, I yield back the balance of my time.
BREAK IN TRANSCRIPT
Source