VOCA Fix to Sustain the Crime Victims Fund Act of 2021
Bill: H.R.1652 | Sponsor: Rep. Nadler, Jerrold (D-NY)
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.

[117th Congress Public Law 27]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 301]]

Public Law 117-27
117th Congress

                                 An Act


 
To deposit certain funds into the Crime Victims Fund, to waive matching 
  requirements, and for other purposes. <<NOTE: July 22, 2021 -  [H.R. 
                                1652]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: VOCA Fix to 
Sustain the Crime Victims Fund Act of 2021.>> 
SECTION 1. <<NOTE: 34 USC 10101 note.>> 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

[[Page 135 STAT. 302]]

        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) <<NOTE: Definition.>>  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. <<NOTE: Reports.>> The chief 
        executive shall report to the Director the approval of any 
        waiver of the matching requirement.
            ``(B) <<NOTE: Public information.>> 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) <<NOTE: Criteria.>> 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) <<NOTE: Time period.>> 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

[[Page 135 STAT. 303]]

Congressional Record by the Chairman of the House Budget Committee, 
provided that such statement has been submitted prior to the vote on 
passage.

    Approved July 22, 2021.

LEGISLATIVE HISTORY--H.R. 1652:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 167 (2021):
            Mar. 16, 17, considered and passed House.
            July 20, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):
            July 22, Presidential remarks.

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