[Congressional Record Volume 167, Number 49 (Tuesday, March 16, 2021)]
[House]
[Pages H1390-H1393]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VOCA FIX TO SUSTAIN THE CRIME VICTIMS FUND ACT OF 2021
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
[[Page H1391]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York (Mr. Nadler) and the gentleman from California (Mr. Issa) each
will control 20 minutes.
The Chair recognizes the gentleman from New York.
General Leave
Mr. NADLER. Madam Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on H.R. 1652.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New York?
There was no objection.
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.
Madam Speaker, I urge all of my colleagues to support this
legislation, and I reserve the balance of my time.
Mr. ISSA. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, so often, we hear criminals should pay for what they
have done wrong. This is exactly what the Victims of Crime Act has
done.
Since 1984, it has provided the ability to collect fines and fees
against those very perpetrators and apply it toward the solution and,
in fact, the remediation of the damage they have done. No amount of
money makes up for the crimes they have committed, but certainly, this
goes a long way.
Today, we are dealing with the tendency within Article II, within the
executive branch, that when money is available, to see if they can't
move it to where they would like to spend it rather than the clear
intent of Congress.
I would like to thank Chairman Nadler and Congresswoman Wagner for
their work on making sure that this bill does just that. It puts the
money back where it was originally intended.
For instance, VOCA supports shelters for victims of domestic
violence, which affects more than 12 million adults each year. VOCA
funding is also used to support services for victims of child abuse and
sexual assaults.
In all, more than 6,000 organizations nationwide are funded through
this act. However, because funding has fluctuated and at times has been
diverted by the Department of Justice, this, in fact, will both
increase and stabilize those funds.
Over the years, Congress has adjusted funding flowing in and out of
this account in an attempt to create certainty for support for these
programs. Unfortunately, we haven't always succeeded, and I am not
without some recognition that today will not be the last time we come
back to say that Congress, on a completely nonpartisan basis, really
means it: These penalties and fines need to get to the organizations
that deal with the victims.
Today's bill will do just that. We stand, on a bipartisan basis,
ready to ensure that we do that again.
Madam Speaker, I would like to thank the chairman, Congresswoman
Wagner, and all the others who worked so diligently on this bill.
Madam Speaker, I reserve the balance of my time.
Mr. NADLER. Madam Speaker, I yield 3 minutes to the gentlewoman from
Texas (Ms. Jackson Lee).
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Ms. JACKSON LEE. Madam Speaker, across America, we can hear the cries
of those who have been victims of crime. It is not in any way
distinguished by communities, race, age, or sex. It prevails in our
society.
I am reminded of the tragedy of two brothers on a crime spree killing
a man and kidnapping a woman. Those are victims of crimes. Their
families are victims of crimes.
I can assure you, Madam Speaker, that we stand collectively, as
Members of Congress, recognizing that VOCA is crucial to responding to
restorative justice for victims.
The Federal grants used to support victim services through VOCA have
decreased significantly over the past several years. Further drastic
cuts to VOCA funding are expected as the nontaxpayer-funded pool from
which these grants originated, the Crime Victims Fund, is running dry.
I am delighted to be an original cosponsor with Chairman Nadler, Mr.
Fitzpatrick, and Ms. Scanlon, and to have worked with Congresswoman
Wagner over the years on this very important legislation.
Further drastic cuts to VOCA are expected as the nontaxpayer-funded
pool from which these grants originate, the Crime Victims Fund, is
running dry. The Crime Victims Fund serves as an example of true
justice because the money used to support victims comes, not from
taxpayer dollars but, rather, from the criminal fines and penalties
paid by federally convicted offenders.
The Crime Victims Fund has shrunk rapidly in recent years and
continues to decline because, rather than prosecuting cases, the
Department of Justice increasingly settles cases through deferred
prosecution and nonprosecution agreements, and the monetary penalties
associated with these agreements are deposited in the Treasury rather
than the Crime Victims Fund.
We don't want to pit one form of reform against one great need. These
agreements may diminish the ability of VOCA to be funded because of the
lack of dollars going into the fund. The crimes for which these
penalties are derived are the same whether they are prosecuted or
settled, and the funding should be given to serve victims.
The VOCA Fix Act of 2021 fixes this by ensuring that monetary
penalties associated with deferred and nonprosecution agreements go
into the Crime Victims Fund instead of into the Treasury. It is common
sense. Victims are outcrying their need for relief.
This simple fix will prevent future funding cuts that jeopardize
programs' abilities to serve their communities and will help address
the many growing and unmet needs of victims and survivors, including
survivors of domestic violence.
We will be on the floor tomorrow with the opportunity to vote on the
reauthorization of the Violence Against Women Act. There are countless
examples in domestic violence, stalking, sexual assault, and sex
trafficking that show that victims are in need. Victims are elders,
victims are young, victims are families, and victims are mothers and
fathers.
The SPEAKER pro tempore (Ms. Sewell). The time of the gentlewoman has
expired.
Mr. NADLER. Madam Speaker, I yield the gentlewoman an additional 1
minute.
Ms. JACKSON LEE. We are doing so because we recognize the urgency and
dire need faced by victims and survivors throughout this country during
a pinnacle moment caused by the pandemic.
The numbers of domestic violence have gone up in cities like Houston
and San Antonio and in States like Oregon and New York. We should
recognize that cooperation on this legislation, in terms of improving
the funding, is absolutely crucial.
Without the VOCA fix of 2021, survivors of domestic violence and
sexual assault will inevitably lose access to victim support services.
It is leaving victims and survivors without options for safety and
valuable opportunities to help them in their victimization if we don't
fund this and change this process.
The VOCA fix will rebuild lives, and it will save the lives of
children who have been impacted by violence against their family
members.
Madam Speaker, I rise in strong support of H.R. 1652, or the ``VOCA
Fix Act of 2021,'' a critical piece of legislation designed to curtail
and prevent future cuts to an already diminished federal victim service
grants program.
This legislation must pass, because VOCA grants provides compensation
to victims of crime at critical moments of desperate need.
VOCA funds could help compensate the only surviving victim of Robert
Lee Haskell who, driven by vengeance, fatally shot six members of his
ex-wife's family in Texas, including four children.
The survivor of Haskell's rampage, a girl of only fifteen, was shot
in the head and only survived by playing dead.
VOCA funds could help compensate the wife and two children of a man
killed in a home intrusion in Harris County, Texas, after an intruder
entered the family's home, ordered the wife and children to lock
themselves into a room, and then proceeded to shoot their husband and
father.
VOCA funds could help compensate a woman who was abducted in Houston
and forced to drive to an ATM at gunpoint, where she withdrew cash to
give to her abductors.
VOCA funds could help compensate innumerable victims and survivors of
federal crimes, but only if we pass this legislation.
VOCA grants have been vital in their support of traditional victim
service providers across the nation, particularly for those
organizations serving victims of domestic violence, sexual assault,
child abuse, trafficking, and drunk driving.
VOCA grants also fund victim compensation, which helps survivors pay
medical bills, missed wages, and in the most severe cases, funeral
costs.
However, the federal grants used to support victim services through
VOCA have decreased significantly over the past several years.
Further drastic cuts to VOCA funding are expected, as the non-
taxpayer-funded pool from which these grants originate, the Crime
Victims Fund, is running dry.
The Crime Victims Fund serves as an example of true justice, because
the money used to support victims comes not from taxpayer dollars but
rather from the criminal fines and penalties paid by federally
convicted offenders.
The Crime Victims Fund has shrunk rapidly in recent years and
continues to decline, because rather than prosecuting cases, the
Department of Justice increasingly settles cases through deferred
prosecution and non-prosecution agreements, and the monetary penalties
associated with these agreements are deposited into the Treasury rather
than the Crime Victims Fund.
These agreements deny funding to victim services, which is contrary
to the spirit of VOCA: monetary penalties from crimes should go to
serve victims of crimes.
The crimes from which these penalties are derived are the same,
whether they are prosecuted or settled, and the funding should be going
to serve victims.
The VOCA Fix Act of 2021 fixes this by ensuring that monetary
penalties associated with deferred and non-prosecution agreements go
into the Crime Victims Fund instead of into the Treasury.
This simple fix will prevent future funding cuts that jeopardize
programs' abilities to serve their communities and will help address
the many growing and unmet needs of victims and survivors, including
survivors of domestic violence.
Victim Cooperation
This legislation not only recognizes that it is the victims of crime
that bear the brunt of the drastic cuts being made, but also that we
must protect those victims that have the courage to come forward and
work together with the authorities to bring justice to their offenders.
Victims who cooperate with authorities often fear for their own
safety and face pain at revisited trauma, and this legislation
recognizes that rather than putting victims in further danger, we
create for them a safe environment--both physically and emotionally.
Victims may be intimidated by law enforcement or other government
agencies, but if we want victims to fully and freely cooperate with the
authorities, we must ensure that victims feel protected and that there
is no risk of becoming retraumatized.
We must also make sure that if victims cooperate with authorities,
then measures to ensure the safety of victims will be provided in our
government agencies working in tandem with victim service providers.
Tomorrow, the House will vote on H.R. 1620, which will reauthorize
the Violence Against Women Act (VA WA) of 1994.
We are doing so because we recognize the urgency and dire need faced
by the victims and survivors throughout this country during a
significant moment of ongoing domestic violence caused by this pandemic
and experienced by both women and men.
Although local victim services agencies are there to help, they are
facing record numbers of clients as well as the economic consequences
of the pandemic.
Without the VOCA Fix Act of 2021, survivors of domestic violence and
sexual assault will inevitably lose access to victim support
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services, leaving victims and survivors without options for safety and
vulnerable to further victimization.
Madam Speaker, the time is now to deliver access to the services
victims and survivors so desperately need during a critical moment when
the need for victim assistance has skyrocketed, and programs are being
forced to cut lifesaving services for victims.
Yes, it will be the fair assessment of justice. That is what we are
here to do; fair operatives of justice. So I ask my colleagues to
support this legislation and to join us tomorrow to support the
Violence Against Women Act, to recognize that it is our job to promote
justice.
{time} 1630
Mr. ISSA. Madam Speaker, it is now my pleasure to yield 5 minutes to
the gentlewoman from Missouri (Mrs. Wagner), who has done so much on
this bill.
Mrs. WAGNER. Madam Speaker, I thank the gentleman from California for
yielding. A good friend in Congress for years, we are so glad to have
the gentleman back.
I also thank Chairman Nadler for leading this legislation, along with
so many others.
Madam Speaker, I rise in support of H.R. 1652, the VOCA Fix to
Sustain the Crime Victims Fund Act. I am proud to co-lead this critical
legislation, which will ensure that victims of serious crimes can
continue to access the services that they need to heal and rebuild
their lives.
The Victims of Crime Act, or VOCA, grants are the primary source of
support for programs dedicated to survivors of domestic abuse, sexual
assault, trafficking, child abuse, and other very traumatic crimes.
These grants are funded by Federal criminal monetary penalties, not
by taxpayers. However, with the Department of Justice increasingly
seeking nonprosecution and deferred-prosecution agreements instead of
prosecuting Federal crimes, VOCA grants are facing catastrophic cuts.
In my own home State of Missouri, we are expecting a 25 percent cut
to VOCA funds in the upcoming year if this bill is not signed into law.
Missouri law enforcement and victim service providers, along with
prosecutors, need Congress to enact this legislation so they can
protect and care for their communities.
If we do not act swiftly to stabilize the VOCA funding, thousands of
Americans will be unable to access lifesaving services. These programs
have never been more important. The pandemic has put women and
children, in particular, at an increased risk of abuse and domestic
violence. We cannot leave victims without support during frightening
and vulnerable times.
This bipartisan and bicameral legislation will help those victims
recover as our justice system prosecutes the criminals responsible,
which is why I am also hopeful that when the Senate passes this, we
will have the opportunity to actually make this law.
I am grateful that the House is taking swift action to secure
services for victims. Again, I urge my colleagues to support the VOCA
Fix to Sustain the Crime Victims Fund Act.
Mr. ISSA. Madam Speaker, in closing, I urge passage of this bill, I
recommend that all Members vote ``yes,'' and I yield back the balance
of my time.
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.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New York (Mr. Nadler) that the House suspend the rules
and pass the bill, H.R. 1652, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mrs. GREENE of Georgia. Madam Speaker, on that I demand the yeas and
nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
____________________