VOCA Fix to Sustain the Crime Victims Fund Act of 2021
Bill: S.611 | Sponsor: Sen. Durbin, Richard J. (D-IL)
Policy area: Crime and Law Enforcement

Summary:
VOCA Fix to Sustain the Crime Victims Fund Act of 2021
This bill adds a new source of revenue for the Crime Victims Fund and makes changes to formula grants supported by the fund.
Specifically, the bill directs revenues collected from deferred prosecution and non-prosecution agreements to be deposited into the Crime Victims Fund. Currently, such revenues are deposited into the general fund of the Treasury.
Additionally, the bill increases the percentage—from 60% to 75%—of state compensation payments to crime victims in the prior fiscal year used to calculate formula grants for state victim compensation programs.
Finally, the bill directs states to waive the matching requirement for recipients of state victim assistance formula grants during and for one year after a pandemic-related national emergency. It also allows states to waive the matching requirement pursuant to a policy established by the state.

To deposit certain funds into the Crime Victims Fund, to waive matching 
                 requirements, and for other purposes.

    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 well-being;''; 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 lawsuit.''.

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.''.
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