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Congressional Record, Senate, July 20, 2021 — H.R. 1652 VOCA Fix to Sustain the Crime Victims Fund Act

Summary

Congressional Record, Senate, page S4962, July 20, 2021. Mr. Durbin asks unanimous consent that the Senate begin consideration of H.R. 1652, the VOCA Fix to Sustain the Crime Victims Fund Act of 2021, and that the Toomey amendment numbered 2121 be called up as modified. Durbin also asks that the Senate vote at 5:15 that day on the Toomey amendment and on passage of the bill. Mr. Daines then speaks on the nomination of Tracy Stone-Manning, President Biden's nominee to head the Bureau of Land Management, citing Stone-Manning's involvement in a tree-spiking incident in Idaho and stating why Daines opposes confirmation.

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“Congressional Record, Senate, July 20, 2021 — H.R. 1652 VOCA Fix to Sustain the Crime Victims Fund Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-07-20-crec-2021-07-20-pt1-pgs4962-03b213bcc6/, SHA-256 71eafb0e31c7a13f7e9fc343490c7833b5f2a3c6ff8a95aa011d2c6cd784d69e.

Full text

                                             S4962                                             CONGRESSIONAL RECORD — SENATE                                                           July 20, 2021
                                                      LEGISLATIVE SESSION                             disbursals described in subparagraph (A) re-           ing crime committed in 1989 while she
                                                                                                      lates and the amount available for obligation          was a member of an ecoterrorist group
                                                                   ---                                through the annual disbursals described in             called Earth First!
                                             VOCA FIX TO SUSTAIN THE CRIME                            subparagraph (A) is not more than                        The picture that she and her advo-
                                                  VICTIMS FUND ACT OF 2021                            $2,000,000,000.
                                                                                                        ‘‘(3) Paragraph (2) may be waived or sus-
                                                                                                                                                             cates have painted about her involve-
                                               Mr. DURBIN. Mr. President, I ask                       pended in the Senate only by the affirmative           ment in this crime is that she was the
                                             unanimous consent that the Senate re-                    vote of three-fifths of the Members, duly              innocent hero who helped put bad peo-
                                             sume legislative session and the Senate                  chosen and sworn. An affirmative vote of               ple in jail. Well, in recent weeks, we
                                             begin consideration of H.R. 1652, under                  three-fifths of the Members, duly chosen and           have learned there is a lot more to this
                                             the previous order.                                      sworn, shall be required in the Senate to sus-         story. It is very alarming. It is very
                                                                                                      tain an appeal of the ruling of the Chair on           disturbing on many levels.
                                               The PRESIDING OFFICER. Without                         a point of order raised under paragraph (2).
                                             objection, it is so ordered.                                                                                      Ms. Stone-Manning stated to the
                                                                                                        ‘‘(4) This subsection is enacted by Con-             Montana State Legislature that a rath-
                                               The clerk will report the bill by title.               gress—
                                               The senior assistant legislative clerk                   ‘‘(A) as an exercise of the rulemaking
                                                                                                                                                             er frightening man approached her
                                             read as follows:                                         power of the House of Representatives and              with a letter while she was on campus.
                                                                                                      the Senate, respectively, and as such it is            Come to find out, that man wasn’t a
                                               A bill (H.R. 1652) to deposit certain funds
                                             into the Crime Victims Fund, to waive                    deemed a part of the rules of each House, re-          stranger. It was her roommate and
                                             matching requirements, and for other pur-                spectively, but applicable only with respect           someone whom she described to the
                                             poses.                                                   to the procedure to be followed in that House          court during the 1993 trial as someone
                                                                                                      in the case of a joint resolution, and it super-       who was in her main circle of friends.
                                                    AMENDMENT NO. 2121, AS MODIFIED
                                                                                                      sedes other rules only to the extent that it is          Ms. Stone-Manning stated that she
                                               Mr. DURBIN. I ask unanimous con-                       inconsistent with those rules; and                     simply mailed the anonymous letter—
                                             sent that the Toomey amendment be                          ‘‘(B) with full recognition of the constitu-
                                                                                                      tional right of either House to change the
                                                                                                                                                             that she simply mailed it. But in re-
                                             called up, as modified with the changes
                                                                                                      rules (so far as relating to the procedure of          ality, and as we have since found out
                                             at the desk, and that it be reported by
                                                                                                      that House) at any time, in the same manner            and as we have explored court records
                                             number.
                                                                                                      and to the same extent as in the case of any           in Idaho, this information had not
                                               The PRESIDING OFFICER. Without
                                                                                                      other rule of that House.’’.                           come out, except in the last 45 days.
                                             objection, the clerk will report the                                                                              The investigation later revealed that
                                                                                                                      ORDER OF BUSINESS
                                             amendment by number.                                                                                            this letter had not only been collabo-
                                               The senior assistant legislative clerk                   Mr. DURBIN. Mr. President, I ask
                                                                                                      unanimous consent that at 5:15 today                   ratively composed, but after waiting
                                             read as follows:                                                                                                for a few days, it was typed by Ms.
                                                                                                      the Senate vote on the Toomey amend-
                                               The Senator from Illinois [Mr. DURBIN], for                                                                   Stone-Manning on a rented typewriter,
                                             Mr. TOOMEY, proposes an amendment num-
                                                                                                      ment and on the passage of the bill, as
                                                                                                      amended, if amended, as provided for                   which, according to her very own testi-
                                             bered 2121, as modified.
                                                                                                      under the previous order.                              mony, was because she wanted to avoid
                                               The amendment is as follows:                             The PRESIDING OFFICER. Without                       having it on her own computer and
                                             (Purpose: To ensure adequate funding in the              objection, it is so ordered.                           avoid having any fingerprints that
                                               Crime Victims Fund is disbursed to vic-                  The Senator from Montana.                            could be traced back to her.
                                               tims, their families, and their advocates                                                                       The words that Ms. Stone-Manning
                                                                                                           NOMINATION OF TRACY STONE-MANNING
                                               each year)
                                                                                                        Mr. DAINES. Mr. President, today, I                  typed and mailed are explicit. It is not
                                               At the appropriate place, insert the fol-                                                                     what you type and send to protect peo-
                                             lowing:                                                  rise to bring attention to new revela-
                                                                                                      tions about President Biden’s nominee                  ple. They are what you say to frighten
                                             SEC. ll. POINT OF ORDER.
                                                                                                      to head the Bureau of Land Manage-                     people.
                                               Section 1402 of the Victims of Crime Act of                                                                     I am going to read this letter—it is
                                             1984 (34 U.S.C. 20101) is amended by striking            ment, Tracy Stone-Manning’s involve-
                                                                                                      ment in a tree-spiking incident in                     not very long—that Ms. Stone-Manning
                                             subsection (c) and inserting the following:
                                               ‘‘(c)(1) Sums deposited in the Fund shall              Idaho, and to share why I oppose her                   typed on a rented typewriter and per-
                                             remain in the Fund and be available for ex-              confirmation.                                          sonally mailed. It says:
                                             penditure under this chapter for grants                    I would have welcomed having a                         To Whom It May Concern:
                                             under this chapter without fiscal year limi-                                                                      This letter is being sent to notify you that
                                                                                                      nominee with such strong ties to Mon-                  the Post Office Sale—
                                             tation, in accordance with paragraph (2).
                                                                                                      tana to be the Director of the Bureau
                                             Notwithstanding subsection (d)(5), all sums                                                                       If I can add, the Post Office Sale was
                                             deposited in the Fund in any fiscal year that            of Land Management, and, until re-
                                                                                                                                                             a timber sale. They labeled it the
                                             are not made available for obligation by                 cently, I believed, as did most Mon-
                                                                                                                                                             ‘‘Post Office Sale.’’—
                                             Congress in the subsequent fiscal year shall             tanans, based on her testimony before
                                                                                                                                                             in Idaho has been spiked heavily.
                                             remain in the Fund for obligation in future              the Montana State Legislature, back in                   The reasoning for this action is that this
                                             fiscal years, without fiscal year limitation.            2013, that her role in the tree-spiking                piece of land is very special to the earth. It
                                               ‘‘(2)(A) Except as provided in subparagraph            crime was minimal, her actions were                    is home to the Elk, Deer, Mountain Lions,
                                             (C), it shall not be in order in the Senate or           helpful, and she helped bring criminals                Birds, and especially the Trees.
                                             the House of Representatives to consider a                                                                        The project required that eleven of us
                                             provision in a bill or joint resolution making
                                                                                                      to justice.
                                                                                                        Unfortunately, new information has                   spend nine days in God awful weather condi-
                                             appropriations for all or a portion of a fiscal                                                                 tions spiking trees. We unloaded a total of
                                             year, or an amendment thereto, amendment                 revealed that this simply was not the
                                                                                                                                                             five hundred pounds of spikes measuring 8 to
                                             between the Houses in relation thereto, con-             case. In fact, rather than bringing                    10 inches in length. The sales were marked so
                                             ference report thereon, or motion thereon,               criminals to justice, Ms. Stone-Man-                   that no workers will be injured and so that
                                             that would cause the amount of annual                    ning assisted in helping them evade                    you assholes know that they are spiked. The
                                             disbursals from the Fund to be below the an-             justice for years—for years.                           majority of trees were spiked within the first
                                             nual average amount that was deposited into                I am going to lay this out because I                 ten feet, but many, many others were spiked
                                             the Fund during the 3-fiscal-year period be-             think it is important that the facts are               as high as a hundred and fifty feet.
                                             ginning on October 1 of the fourth fiscal year                                                                    I would be more than willing to pay you a
                                             before the fiscal year to which the disbursal
                                                                                                      shared before this body. First, it re-
                                                                                                                                                             dollar for the sale, but you would have to
                                             level applies.                                           veals that she withheld the truth from
                                                                                                                                                             find me first and that could be your WORST
                                               ‘‘(B) If a point of order is raised by a Mem-          investigators for several years. Second,               nightmare.
                                             ber under subparagraph (A), and the point of             it reveals that she harshly criticized                   Sincerely, George Hayduke
                                             order is sustained by the Chair, the provision           Federal law enforcement at the very                      P.S. You bastards go in there anyway and
                                             shall be stricken from the measure and may               same time she was refusing to tell                     a lot of people could get hurt.
                                             not be offered as an amendment from the                  them the truth. And, third, it reveals                   The text of that letter was never




dlhill on DSK120RN23PROD with SENATE
                                             floor.                                                   that she has not taken responsibility                  made public until very recently, just in
                                               ‘‘(C) A point of order shall not lie in the
                                                                                                      or expressed remorse for not speaking                  the last 45 days. Montanans never had
                                             Senate or the House of Representatives
                                             under this paragraph if the difference be-               the truth much, much sooner.                           the opportunity to read what Ms.
                                             tween the amount in the Fund as of Sep-                    I know many of my colleagues are                     Stone-Manning typed on the rented
                                             tember 30 of the fiscal year immediately pre-            probably just tuning into Ms. Stone-                   typewriter and sent until just a few
                                             ceding the fiscal year to which the annual               Manning’s involvement in a tree-spik-                  weeks ago.



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                                             July 20, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                  S4963
                                                The letter is chilling and it makes                   pragmatic when making decisions on                        During the first several weeks of the
                                             you think that, if Ms. Stone-Manning                     behalf of the Bureau of Land Manage-                   pandemic, police departments across
                                             was really concerned about the tree                      ment.                                                  America reported a significant increase
                                             spiking, she could have gone to the au-                    Ms. Stone-Manning has lost her                       in arrests or calls related to domestic
                                             thorities immediately in 1989, when                      credibility, and to move forward with                  violence. And reports of hate incidents
                                             this occurred.                                           her nomination would cause more con-                   and crimes increased, as well, particu-
                                                We also now know she had firsthand                    troversy and distrust for the leadership               larly those targeting Asian American
                                             knowledge about the perpetrators. She                    at the Bureau of Land Management,                      and Pacific Islander, or what is known
                                             knew who did it. She knew all of the                     the U.S. Senate, and the Biden admin-                  as the AAPI community.
                                             details about the crime. She knew who                    istration.                                                Nearly 4,000 of these hate incidents
                                             spiked the trees.                                          You see, there are 10,000 employees at               were reported during the first year of
                                                By the way, why do you spike trees?                   the Bureau of Land Management who                      the COVID–19 pandemic. AAPI women
                                             Why do you put these great big spikes                    report to the Director and they need to                comprised the majority of the victims.
                                             in the trees? That is because, if a                      have that trust, as well.                                 In my home State of Illinois, some of
                                             logger comes in with a saw and their                       President Obama’s former Director of                 these victims of violent crimes have an
                                             blade hits it, they could be severely in-                the Bureau of Land Management, Bob                     indispensable resource they can turn
                                             jured. If one of these logs comes                        Abbey, has concluded that Stone-                       to. It is known as KAN-WIN, a non-
                                             through a sawmill, the sawmill oper-                     Manning’s ‘‘questionable past’’ brings                 profit that supports survivors of vio-
                                             ator can be severely injured, as has ac-                 what he said ‘‘needless controversy’’ to               lence, particularly women and mem-
                                             tually happened. We have had some se-                    the Agency. Obama’s very own Direc-                    bers of the immigrant community.
                                             verely injured individuals because of                    tor of the Bureau of Land Management                   KAN-WIN offers a 24-hour hotline, legal
                                             the tree spiking. This was the                           said that her involvement in the tree-                 advocacy, transitional housing, sexual
                                             ecoterrorism going on several years                      spiking crime should disqualify Stone-                 assault services, and many more re-
                                             ago.                                                     Manning and the Biden administration                   sources to survivors of violent crimes.
                                                But she withheld this information                     needs a new nominee.                                   They also offer programming to sup-
                                             from law enforcement in 1989, even                         I agree with Mr. Abbey because, in                   port children who have grown up in a
                                             after she was subpoenaed by a grand                      Montana and the West and all America,                  traumatic environment.
                                                                                                      we need a Director of the Bureau of                       During the pandemic, organizations
                                             jury for her hair, her handwriting, and
                                                                                                      Land Management who can garner pub-                    like KAN-WIN have been a beacon of
                                             fingerprint samples. She didn’t report
                                                                                                      lic trust, bring folks together, and lead              hope for some of the most vulnerable
                                             it to law enforcement in 1990, not in
                                                                                                      with integrity.                                        members of our community. But these
                                             1991, not in 1992. In fact, she condemned                  Throughout the confirmation proc-                    beacons of hope are at the risk of grow-
                                             the FBI for investigating her in the                     ess, I have given Ms. Stone-Manning a                  ing dark, unless we in this Senate
                                             first place, despite the fact that she                   fair shake, an opportunity to answer                   today take immediate action by pass-
                                             knew all the details of the crime. In                    questions about important policies                     ing the VOCA Fix to Sustain the Crime
                                             fact, she claimed being investigated by                  that impact our Montana way of life.                   Victims Fund Act. This legislation,
                                             the FBI was ‘‘degrading’’ and that the                   However, over the course of the last                   which I am proud to have introduced
                                             ‘‘government does do bad things.’’ She                   few weeks, this new information has                    with Republican Senator LINDSEY GRA-
                                             compared her treatment to how the                        come to light and has led me to now                    HAM, will replenish the Crime Victims
                                             Government of Panama would treat                         actively and publicly oppose her nomi-                 Fund, which Congress established in
                                             someone.                                                 nation.                                                1984 with the passage of the Victims of
                                                Ms. Stone-Manning said all of these                     The controversy surrounding this                     Crime Act, known as VOCA.
                                             things and played the victim, despite                    nomination is not and should not be                       The Crime Victims Fund helps
                                             knowing all the details and players of                   about party-line politics. Montanans                   abused children, survivors of domestic
                                             the crime, despite having had the op-                    care about trusting those in public                    violence, and other victims of violent
                                             portunity for 4 years to put bad people                  service, about integrity. The public                   crime access the professional services
                                             behind bars. What Ms. Stone-Manning                      trust surrounding Ms. Stone-Manning                    they desperately need. It also assists
                                             did was actively obstruct an investiga-                  has been wrecked. Her ability to be the                victims with expenses like medical
                                             tion.                                                    Director that the Bureau of Land Man-                  bills, counseling, funeral costs, loss of
                                                At no time, by the way, did Ms.                       agement needs has been compromised                     wages. And, importantly, the Crime
                                             Stone-Manning ever come forward                          beyond repair.                                         Victims Fund supplies grants to thou-
                                             from her own volition. Now, she only                       As this nomination draws more at-                    sands, literally thousands of victim
                                             came forward after there was a break                     tention and some continue to contend                   service providers across the Nation,
                                             in the investigation. This is now in                     that her actions were commendable, I                   like KAN-WIN.
                                             1993, after another suspect identified                   hope all my colleagues will give full                     In KAN-WIN’s case, the Crime Vic-
                                             her involvement and after her attorney                   consideration to the facts laid out here               tims Fund pays for the salary of their
                                             struck an immunity deal, not before                      today. I urge my colleagues, especially                Children’s Advocate. That advocate
                                             she was caught.                                          those who represent western States, to                 reached out to my office and wrote the
                                                In fact, one of the men she had the                   join me opposing this nomination. I                    following: ‘‘The entire Children’s Pro-
                                             opportunity to put behind bars during                    would urge the Biden administration to                 gram at KAN-WIN will have to be
                                             the time she remained silent went on                     pull Ms. Stone-Manning’s nomination.                   eliminated’’ if the VOCA Fix to sustain
                                             to commit an act of—this man that she                    Nominate someone to lead the Agency                    the Crime Victims Fund does not pass
                                             remained silent on went on to commit                     who can garner the public trust and                    the Senate. Without this legislation,
                                             an act of domestic violence. Her co-                     one who can lead the Agency without                    ‘‘linguistically and culturally sensitive
                                             operation with law enforcement could                     the significant controversy.                           services and counseling, education as-
                                             have prevented this.                                       I yield the floor.                                   sistance, economic assistance, medical
                                                None of her actions show any kind of                    The PRESIDING OFFICER. The ma-                       assistance, art activities that help reg-
                                             remorse. They didn’t then and they                       jority whip.                                           ulate children’s emotions, parent-child
                                             still don’t now. Ms. Stone-Manning has                               CRIME VICTIMS FUND ACT                     relationship assistance, and other case
                                             not expressed regret for her false and                     Mr. DURBIN. Mr. President, when                      management services’’ will be cut.
                                             disparaging characterization of Federal                  the pandemic began last year, Ameri-                      The kids who receive help from KAN-
                                             investigators.                                           cans across the country were faced                     WIN are far from the only people who
                                                This deception and misrepresentation                  with more than one public health cri-                  would be hurt if the Crime Victims




dlhill on DSK120RN23PROD with SENATE
                                             of her involvement, coupled with her                     sis. While we all feared contracting                   Fund runs dry. Children’s Advocacy
                                             clear violation of Senate Ethics rules                   COVID–19 outside of our homes, the                     Centers in Illinois report that a signifi-
                                             while she served as a U.S. Senate staff-                 most vulnerable members of our com-                    cant cut in VOCA funding would result
                                             er, leave the public with no reason to                   munity feared a danger lurking within                  in more than 1,500 children being de-
                                             trust her judgment, her leadership ca-                   the home or, certainly, in the neigh-                  prived of services they need to over-
                                             pabilities, or her ability to remain                     borhood—violent crime.                                 come trauma.



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                                             S4964                                             CONGRESSIONAL RECORD — SENATE                                                        July 20, 2021
                                               The Chicago Children’s Advocacy                        hood—I hope it is a good memory, one                   out the details—and there were many—
                                             Center writes: ‘‘One of the most impor-                  that you smile with, but it could be a                 until we could all agree. I thank her
                                             tant uses of VOCA funds is for mental                    terrible memory, too, the loss of some-                personally and specifically during the
                                             health therapy for sexually abused                       one you love or some other tragic                      course of this opening remark.
                                             children.’’ Without that funding, they                   event. Well, that is what has happened                   The reduced deposits into the fund
                                             will have to ‘‘cut the number of chil-                   to these kids. This trauma in their                    have had a devastating impact. She
                                             dren we provide therapy to and more                      lives runs the risk of changing them                   knew it. I knew it. Everyone does. As
                                             children would go without life-chang-                    and even making them potentially dan-                  of this year, victim assistance grants
                                             ing treatment to heal from their abuse.                  gerous to the innocent people they live                have been reduced by more than $600
                                             Even a small cut in VOCA would mean                      around.                                                million nationwide, and even more cat-
                                             up to 100 children would go without                        That is why, when we talk about the                  astrophic cuts are looming if we don’t
                                             healing services.’’                                      Victims of Crime Act and giving these                  fix it today. So far in 2021, this Crime
                                               We have a serious problem across                       kids counseling, a child who witnesses                 Victims Fund has already missed out
                                             America—and I have seen in Illinois,                     a domestic violence incident in the                    on nearly $550 million in deposits. We
                                             particularly in the city of Chicago—of                   home, where their mother is being                      are not even halfway through the year.
                                             gun violence. There are so many guns.                    beaten or worse, how in the world do                   Imagine how much more money this
                                             The city is awash in guns. Too many                      you erase that from your memory? You                   fund is going to lose if we don’t pass
                                             young people get their hands on them                     only hope that you can find someone—                   this bill.
                                                                                                                                                               There is no time to waste. Every day
                                             every day.                                               some mentor, some counselor—who can
                                               The Fourth of July weekend, 104 peo-                                                                          that goes by, we miss an opportunity
                                                                                                      talk you through it. That is what the
                                             ple were shot in the city of Chicago.                                                                           to help replenish this fund. More im-
                                                                                                      VOCA does. The victims of crime have
                                                                                                                                                             portantly, we miss an opportunity to
                                             104; 19 died. Last weekend, 50. The                      an opportunity to access those profes-
                                                                                                                                                             help a crime victim. It may be a med-
                                             numbers are staggering. We have a                        sional services before they do the dam-
                                                                                                                                                             ical bill. It could be a funeral cost. It
                                             mass shooting in the city of Chicago                     age that they do.
                                                                                                        So how did we get to this point where                could be counseling for that child
                                             every weekend. It has become, sadly,
                                                                                                                                                             whom I described earlier. Missing that
                                             expected. It breaks your heart.                          we are even debating whether to fund
                                               I went to the juvenile facility of                                                                            opportunity may mean that the life of
                                                                                                      this? Why is the Crime Victims Fund
                                                                                                                                                             that child will never quite be the same.
                                             Cook County several years ago and                        so dangerously close to running out of                   The Senate must immediately pass
                                             talked to the counselors who are meet-                   money when we know we need it so                       this bill. The House already did it in
                                             ing with the adolescents who have been                   much?                                                  March—in March. It is time for us to
                                             charged in these gun crimes. Some of                       It comes down to how the fund is
                                                                                                                                                             get around to it. So, with broad bipar-
                                             these adolescents spend a year or two                    funded. See, the money for the victims
                                                                                                                                                             tisan support in the House, we should
                                             in that facility waiting for trial. I                    of crime doesn’t come from taxpayer
                                                                                                                                                             be inspired in the Senate by our bipar-
                                             asked these counselors: Who are these                    dollars. Traditionally, it comes from
                                                                                                                                                             tisan coalition backing the bill. Sixty-
                                             kids? What has happened to them to                       criminal fines, penalties, forfeited bail
                                                                                                                                                             three Senators—forty-two Dems, twen-
                                             the point where they can take a gun                      bonds, and special assessments col-                    ty-one Republicans—not bad. We have
                                             and just shoot wantonly into a crowd,                    lected by the Federal Government. His-                 all come together for the VOCA fix.
                                             killing infants and children and grand-                  torically, these criminal fines have ac-                 Over the past few months, an objec-
                                             mothers and innocent people?                             counted for the largest portion of the                 tion has prevented us from moving for-
                                               The counselor said to me: There are                    funding, but in recent years, deposits                 ward on this legislation. We have been
                                             many things. There are hardly any se-                    in the Crime Victims Fund have                         literally waiting for weeks to pass this
                                             rious mental illnesses that you can                      dropped significantly as the Justice                   bill. Today, we have a chance to do it
                                             think of that we don’t find in these                     Department has increasingly used de-                   and to send it to the President’s desk.
                                             kids. But the one thing we find, Sen-                    ferred prosecution and nonprosecution                  That is why, this afternoon, we are
                                             ator, consistently is they are the vic-                  agreements. Monetary penalties from                    going to take two votes. The first is on
                                             tims of trauma.                                          these deferred prosecutions and non-                   an amendment from Senator TOOMEY.
                                               Now, by classic definition, trauma is                  prosecution agreements are currently                   It doesn’t address the substance of the
                                             some physical injury, but trauma                         deposited into the General Treasury,                   programs that I mentioned; it address-
                                             today is viewed in a much larger con-                    not into the Crime Victims Fund. As a                  es the budget process. There is men-
                                             text. It goes back to a template that                    result, the shift in sentencing has re-                tion, of course, in this bill, but his
                                             was established by Kaiser Permanente                     sulted in a devastating impact on the                  change would reach far beyond any sin-
                                             and the CDC called adverse childhood                     fund.                                                  gle piece of legislation. We will con-
                                             experiences—ACEs for short. Most psy-                      That is why the bipartisan, bi-                      sider it. I will be opposing it, and oth-
                                             chologists and child counselors know                     cameral coalition of lawmakers has                     ers will get their chance to vote. Then
                                             exactly what I am talking about.                         worked with advocacy organizations to                  we will face final passage on the House-
                                               ACEs, these adverse childhood expe-                    write a fix to the VOCA law to sustain                 passed bill.
                                             riences, can be as simple as witnessing                  the Crime Victims Fund. Our bill                         A broad coalition of victims’ rights
                                             a violent crime or returning to a home                   would stabilize the Crime Victims                      advocates, service providers, and law
                                             where the parent is not a positive                       Fund by redirecting monetary pen-                      enforcement organizations are urging
                                             force—perhaps the only parent is drug-                   alties from deferred prosecutions and                  the vote I just described against the
                                             addicted or an alcoholic or not home at                  nonprosecution agreements to the vic-                  Toomey amendment and for the final
                                             all—or having a situation in which you                   tims and service providers that des-                   bill. They recently wrote to us, saying:
                                             are never sure where home is. So many                    perately need the financial support.                   ‘‘The VOCA Fix Act is a narrowly tai-
                                             kids in school talk about moving back                      If you think that is an easy and obvi-               lored, carefully negotiated, technical
                                             and forth from one relative to another.                  ous fix, you don’t understand Congress.                fix bill to address the immediate needs
                                             All of these things take their toll on                   To have all of the different committees                of survivors, and the Senate must act
                                             little kids. It is part of the traumatic                 of jurisdiction take a look at it and all              now to pass this critical legislation
                                             experience.                                              of the Members take a look at it and to                without any amendments. . . . Every
                                               These counselors of these gun-toting                   come up with a solution, it doesn’t                    delay allows potential funds that
                                             adolescents at the Cook County facil-                    happen every day. One of the reasons it                should be deposited into the Crime Vic-
                                             ity say that over 90 percent of them are                 happened here in the Senate is that one                tims Fund to serve victims to instead
                                             victims of trauma. Stop and think: Is                    of my colleagues, whom I want to put                   be deposited into the General Treasury.




dlhill on DSK120RN23PROD with SENATE
                                             it possible that that simple thing that                  in the RECORD as a major positive                      The House passed the VOCA Fix Act
                                             happened in a child’s life could have                    force, Senator TAMMY BALDWIN of the                    more than four months ago with over-
                                             that kind of impact? Well, I am afraid                   State of Wisconsin. She took a real                    whelming bipartisan support; we urge
                                             it is. For many of us, just to think                     personal interest in this, and I thank                 the Senate to similarly pass the House-
                                             back on your childhood, of the most                      her for it. She brought us together and                passed VOCA Fix Act, as is, imme-
                                             memorable moment in your child-                          came up with a solution and worked                     diately.’’



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                                             July 20, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                 S4965
                                               More than 1,700 national, regional,                    Toomey amendment, and I will reluc-                    where we deal with them in a sustain-
                                             State, Tribal, and local organizations                   tantly do so.                                          able way in our State governments, in
                                             are begging us to do this and do it                        I hope we can get a really big vote on               our local governments. If we take away
                                             today so we can send it to the Presi-                    final passage because we need to prove                 that flexibility, then we are defaulting
                                             dent and ensure that the victims are                     to the American people that we can do                  to a system that has not been solving
                                             able to maintain access to the services                  things together. There is nothing that                 the problems.
                                             they desperately need. We owe it to the                  should bring us together more than                       Today, we are here specifically talk-
                                             victims to get this done.                                helping victims of crime and making                    ing about the Medicaid Program. The
                                               I see my colleague on the floor who is                 sure this fund has the resources it de-                way it works currently, the Federal
                                             the cosponsor of this bill with me. He                   serves to provide the treatment needed.                Government pays for half the benefits,
                                             was the Senate Judiciary Committee’s                     This rise in crime has made this more                  and the States pay for half the bene-
                                             chairman in the previous Congress, and                   relevant, not less.                                    fits. The Social Security Act author-
                                             I have that honor in this Congress. I                      As for Senator DURBIN, as always, I                  izes a framework of flexibility so enter-
                                             am glad that we could get together, a                    have enjoyed working with him, and we                  prising, innovative States can maybe
                                             Democrat and a Republican, again. We                     will continue to find common ground                    do something to bring down the cost of
                                             have cosponsored things before, and we                   where we can. So I urge a ‘‘yes’’ vote                 these programs and wean us off the
                                             will continue to. I want to thank Sen-                   on its final passage here in a couple of               need for them primarily in the long
                                             ator GRAHAM for his leadership and in                    hours.                                                 run.
                                             joining on this effort. I think it is a                    I yield the floor.                                     Since President Biden has taken of-
                                             good one, and we need more of them.                        Mr. DURBIN. Madam President, I                       fice, several State waivers that were
                                               I yield the floor.                                     suggest the absence of a quorum.                       previously approved under the Trump
                                               Mr. GRAHAM. I thank Senator DUR-                         The PRESIDING OFFICER (Ms.                           administration have been revoked. It
                                             BIN.                                                     ROSEN). The clerk will call the roll.                  has happened in Texas. It has happened
                                               Madam President, it has been a                           The legislative clerk proceeded to                   in Arkansas. It has happened in Ari-
                                             pleasure working with Senator DURBIN                     call the roll.                                         zona. And now they are coming after a
                                             on this to, hopefully, get it over the                     Mr. BRAUN. Mr. President, I ask                      place like Indiana that has a system
                                             line this afternoon. I think most Amer-                  unanimous consent that the order for                   that works so well that we are even in
                                             icans, if they understood what we were                   the quorum call be rescinded.                          the process of giving some revenues
                                             trying to do, would be enthusiastically                    The PRESIDING OFFICER (Mr. MUR-                      back to our citizens this coming year,
                                             behind the effort.                                       PHY). Without objection, it is so or-                  where revenues were so far above fore-
                                               As for the deferred prosecution and                    dered.                                                 cast, we are still taking care of issues
                                             nonprosecution agreements, the reve-                       The Senator from Indiana.                            at the State level and doing what we
                                             nues from those procedures—for lack of                             UNANIMOUS CONSENT REQUEST                    ought to be considering: returning re-
                                             a better word—go into the General                          Mr. BRAUN. Mr. President, I rise                     sources to the taxpayer.
                                             Treasury, not the Crime Victims Fund,                    today because, in a practical place like                 This isn’t even that. This is trying to
                                             and we are fixing that. We have had a                    the State of Indiana, believe it or not,               retain the flexibility where it has been
                                             reduction in funds available in South                    we actually balance our budget every                   working. It is called the Gateway to
                                             Carolina. We have lost $3.2 million for                  year. We have commonsense things in                    Work Program, and it is not like it is
                                             VOCA crime victims funding for the                       place that if you are going to receive                 overbearing. It just requires 20 hours
                                             South Carolina Network of Children’s                     some benefits of some sort, maybe you                  per month of work, job searching,
                                             Advocacy Centers’ 27 members. Be-                        do something where we can help to get                  school, or community service. It was
                                             cause of this quirk in the law, the                      you to where you do not need the bene-                 designed in a way that engages the in-
                                             Crime Victims Fund is at a historic                      fits.                                                  dividual needing the benefit and that
                                             low, and it is affecting operations in                     In this case, this is again something                can improve their quality of life over
                                             the field.                                               that was not broken and is now being                   the long run.
                                               Attorney General Alan Wilson has                       fixed in a way that takes enterprising                   It has had a long history. The pilot
                                             been great to work with. With Senators                   States like the State of Indiana, like                 was first approved by CMS in 2007. It
                                             FEINSTEIN and GRASSLEY, we have been                     Texas, like Arizona, places that wanted                has been renewed as recently as 2018.
                                             a team on this on the Judiciary Com-                     the ability in administering their share               Yet the Biden administration, right
                                             mittee.                                                  of Medicaid, to have ways to try to get                now, by taking these actions—these
                                               Senator DURBIN went through the ins                    folks into a position where they could                 flexibilities would have been in place
                                             and outs of what we are doing here. I                    get back on their feet, seek work, and                 until 2025. It is stopping prematurely
                                             just want to add this: This was not                      do things that would make sense for                    what I believe is essential if we are
                                             easy. There are a lot of stakeholders in                 trying to maybe earn their way into                    going to ever live within our means
                                             this, and there are a lot of committees                  that benefit somewhat.                                 here, finding better ways to do it and
                                             of jurisdiction.                                           Do we believe Washington has all the                 more sustainable ways to pay for it. We
                                               I want to thank Senator BALDWIN,                       answers? I think that is what you be-                  should have that flexibility.
                                             who has been a driving force behind it.                  lieve when you get rid of something                      With this in mind, I will introduce
                                             That is absolutely true. All of the com-                 that was working in many places.                       the Let States Set Medicaid Require-
                                             mittees could have easily said no, but                     I am in the camp that, as much as I                  ments Act. This legislation will em-
                                             this is one time we wanted to get to                     know the Federal Government has to                     power States to have the flexibility
                                             yes because the lack of funding is be-                   weigh in and do things, but if the argu-               that they have had that has been mak-
                                             ginning to affect the operations of                      ment is that we have been knocking it                  ing progress. It will encourage behav-
                                             groups that are just indispensable                       out of the park here, that we have been                iors that will improve healthcare out-
                                             when it comes to providing relief to                     getting things done that really work, if               comes. It has precedence in other Fed-
                                             crime victims.                                           it wasn’t done in the context that of                  eral programs when it comes to earn-
                                               I would urge a ‘‘yes’’ vote. This has                  every dollar we spend here, we borrow                  ing unemployment benefits or food as-
                                             been a bipartisan process from day one.                  23 cents—and in the time I have been                   sistance. This bill is commonsense pol-
                                             It has been going on about a year. It is                 here, 2 and a half years, have been                    icy that I think needs to be put into
                                             now time to correct the quirk in the                     probably the loudest voice on trying to                place so that flexibility cannot arbi-
                                             law to get these funds over to the                       fix healthcare.                                        trarily be taken away.
                                             Crime Victims Fund from the General                        Part of that issue is in my own party,                 I yield to my colleague.




dlhill on DSK120RN23PROD with SENATE
                                             Treasury.                                                where I think we are apologists for a                    The PRESIDING OFFICER. The Sen-
                                               Senator TOOMEY’s amendment, I will                     broken healthcare industry. The other                  ator from Texas.
                                             oppose. I appreciate Senator TOOMEY                      side of the aisle wants to just spend                    Mr. CORNYN. Mr. President, for ev-
                                             very much, but I think that most of                      money to try to fix it without fixing                  erything from emergency room visits
                                             the groups and all of the law enforce-                   the underlying issues that drive so                    to mental health care, Medicaid fund-
                                             ment groups are opposed to the                           many of the problems in this country,                  ing is vital to the health of our most



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                                             S4966                                             CONGRESSIONAL RECORD — SENATE                                                        July 20, 2021
                                             vulnerable citizens. More than 4 mil-                    revoke Indiana’s ability to determine                    Up to this point, Medicaid waivers
                                             lion of my constituents, including half                  appropriate work requirements and ap-                  have allowed the States the ability, the
                                             of all the children in the State, depend                 propriate community engagement ex-                     freedom—the freedom under our fed-
                                             on the stability of the State’s Medicaid                 pectations for Medicaid recipients in                  eralist system—to test new policy ap-
                                             Program.                                                 our State. It means that this adminis-                 proaches within the Medicaid Program,
                                               Unfortunately, the Biden administra-                   tration regards work as some form of                   allowing them to design and improve
                                             tion has put the healthcare of these in-                 punishment, and efforts to transition                  their programs in ways that best fit
                                             dividuals in jeopardy by rescinding a                    to a position of self-reliance are some-               their own populations and maybe serve
                                             previous approval of Texas’s 1115 waiv-                  how inappropriate.                                     as models for other States where suc-
                                             er extension. Basically, that waiver                       Now, we Republicans believe in peo-                  cesses are elicited and proven.
                                             would allow the State to manage the                      ple. We believe in people. We believe in                 But with the Biden administration’s
                                             program in a way that maximizes the                      self-reliance. We believe that the vast                recent actions, with their one-size-fits-
                                             benefit and save money where possible,                   majority of Americans, Americans of                    all mandates and mindset, States will
                                             mainly through managed care.                             modest means, don’t want to be                         now need to be on guard. CMS may de-
                                               Now, those are some pretty bureau-                     trapped in Government programs.                        cide to revoke its waiver authority at
                                             cratic terms, the 1115 waiver, but here                    Medicaid should ideally be a service                 any given time. This means any at-
                                             is the short of it: Texas stands to lose                 which is a temporary support for peo-                  tempt by a State to improve its Med-
                                             $11 billion to provide healthcare for un-                ple who really need it. The goal should                icaid Program carries a serious risk of
                                             derserved patients as a result of this                   be to prepare individuals for a life of                disrupting healthcare for the program’s
                                             unilateral and unjustified rescission by                 dignity, and that includes securing a                  beneficiaries if that innovation could
                                             the Biden administration. All of this                    vocation, finding a measure of self-reli-              ultimately be revoked. God forbid we
                                             was done for an unconstitutional pur-                    ance in life.                                          try and improve a government pro-
                                             pose: to force Texas to accept the Af-                     Now, Indiana wasn’t the only State                   gram. But I guess Medicaid is perfect,
                                             fordable Care Act’s Medicaid expan-                      to receive this bad news. Arizona offi-                and we can’t find room for improve-
                                             sion—something the Supreme Court of                      cials also received word that their                    ment. Certainly, we can’t rely on the
                                             the United States has said they cannot                   Medicaid work expectations were being                  States to come up with improvements.
                                             constitutionally force. Two anonymous                    revoked. Just a few months ago, this                   Any improvements that might be made
                                             Federal officials, in a Washington Post                  administration likewise pulled all                     would have to come from Washington,
                                             story, reported as much in a recent                      work expectations from the States of                   DC. This is the sort of mindset we seem
                                             story.                                                   Arkansas, New Hampshire, Michigan,                     to be dealing with.
                                               I said earlier, when this happened to                  and Wisconsin.                                           But for a nation that has always val-
                                             Texas, that if the administration can                      Indiana’s Gateway to Work Program,                   ued    quality     and   innovation    in
                                             do it to Texas, they can do it to any-                   again revoked by CMS, would have                       healthcare, for Americans who believe
                                             one, any State in this Chamber. My                       merely asked Medicaid recipients to re-                we should empower all of our citizens,
                                             friend Senator BRAUN’s home State of                     port 20 hours of work or volunteer or                  and for leaders who believe we have a
                                             Indiana and Senator YOUNG’s State of                     school or other activities every month.                responsibility to provide the least
                                             Indiana now is the latest victim, and I                  This is really important. These com-                   among us the necessary tools to stand
                                             appreciate their commitment to ending                    munity engagement activities are de-                   on their own two feet, this is an
                                             this game of political chicken.                          signed to improve quality of life, to im-              unsustainable situation.
                                                                                                                                                               So I urge my colleagues to act now
                                               These actions not only unjustifiably                   prove the quality of the recipient’s life
                                                                                                                                                             and stand up for their State’s ability to
                                             jeopardize the health of millions of vul-                over the long-term and to help Hoo-
                                                                                                                                                             set their own Medicaid requirements
                                             nerable people, they also erode the                      siers transition from Medicaid to full
                                                                                                                                                             that meet the needs of their own citi-
                                             trust States have when they negotiate                    employment. This is what people want.
                                                                                                        When we think of the American                        zens.
                                             with the Federal Government, where                                                                                And with that, I yield to my es-
                                             apparently a deal is not a deal. States                  dream, we think of the ability to go
                                                                                                                                                             teemed colleague from Indiana, who
                                             will never view their Federal partners                   out and start a family and be part of a
                                                                                                                                                             has been working very hard on this
                                             as working in good faith if these agree-                 larger community and to be able to
                                                                                                                                                             issue, Senator BRAUN.
                                             ments are invalidated by a successor                     meaningfully participate in a nation’s                   The PRESIDING OFFICER. The Sen-
                                             administration.                                          civic life and to secure a vocation.                   ator from Indiana.
                                               If we don’t stand up against these                       Most would regard the goals of Indi-                   Mr. BRAUN. Mr. President, I ask
                                             reckless actions now, which State will                   ana’s Gateway to Work program as                       unanimous consent that the Senate
                                             be next? It may not be a Medicaid 1115                   commendable. However, according to                     proceed to the immediate consider-
                                             extension. It may be some other policy                   CMS, this program would result in sig-                 ation of my bill, which is at the desk.
                                             by the Biden administration. But how                     nificant coverage losses and harm to                   Further, I ask that the bill be consid-
                                             far in this case will this administration                beneficiaries—harm to beneficiaries—a                  ered read a third time and passed, and
                                             go to commandeer State resources in                      misleading statement that ignores the                  that the motion to reconsider be con-
                                             forcing a Medicaid expansion?                            extensive list of individuals exempt                   sidered made and laid upon the table.
                                               I am proud to stand alongside of Sen-                  from this requirement: students, preg-                   The PRESIDING OFFICER. Is there
                                             ator BRAUN and Senator YOUNG in the                      nant women, the medically frail or the                 objection?
                                             fight to protect the healthcare of the                   incapacitated, those with disabilities,                  Mr. WYDEN. Reserving the right to
                                             most vulnerable Americans in my                          and a bunch of others.                                 object.
                                             State and across the country.                              Now, luckily for Hoosiers, the State                   The PRESIDING OFFICER. The Sen-
                                               I yield to the junior Senator from In-                 of Indiana had not yet implemented                     ator from Oregon.
                                             diana. I beg your pardon, Mr. Presi-                     the Gateway to Work program at the                       Mr. WYDEN. Mr. President, first of
                                             dent; maybe the senior Senator or—                       time of CMS’s notice because of the                    all, I want to say about my two col-
                                             never mind.                                              unique challenges presented by the                     leagues, I have very much enjoyed
                                               Mr. YOUNG. I thank my colleague                        pandemic; meaning that Medicaid re-                    talking healthcare with the Senator
                                             very much for his reflections on what                    cipients would not face immediate dis-                 from Indiana, the lead sponsor of this.
                                             is really at stake here, Mr. President.                  ruption of their benefits.                             We have had a lot of very productive
                                               Last month, the Biden administra-                        Unfortunately, the same cannot be                    discussions     about    the    role   of
                                             tion’s Centers for Medicare and Med-                     said for other Americans across the                    healthcare in America.
                                             icaid Services notified the State of In-                 country. And we are here to fight for                    I strongly support the proposition




dlhill on DSK120RN23PROD with SENATE
                                             diana that it was withdrawing approval                   them. This includes Texas, where the                   that the Federal Government doesn’t
                                             of the State’s Gateway to Work Pro-                      administration’s decision to revoke                    know all the answers here. Sometimes
                                             gram. So what does this actually mean                    that State’s waiver put in jeopardy                    my friends say I am the Senator from
                                             to rank-and-file Hoosiers? Well, it                      healthcare for 4 million Americans.                    innovation because I am always trying
                                             means that the Centers for Medicare                      That doesn’t sound very compassionate                  to promote innovation. That is what
                                             and Medicaid Services has decided to                     to me.                                                 section 1332 is all about.



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                                             July 20, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                 S4967
                                               My other colleague from Indiana is a                     Mr. BRAUN. Mr. President, my                         from so many in these organizations.
                                             very valued member of the Finance                        friend from Oregon, we have had a dis-                 They were facing a 36-percent cut to
                                             Committee. So I want it understood                       cussion not only on this particular                    the VOCA funds in just this past fiscal
                                             that I think Indiana Senators, they are                  issue. I respect his point of view. And I              year.
                                             100 percent straight shooters who I                      think we both agree, though, that when                    When you think about what the im-
                                             enjoy talking healthcare with.                           it comes to healthcare, it is something                pact of cuts at 36 percent means to any
                                               Let me say, respectfully, why I have                   that is breaking the bank in this coun-                organization, it is, obviously, very,
                                             a difference of opinion with respect to                  try.                                                   very limiting. But for some of these or-
                                             this issue.                                                When it is 20 percent of our GDP, and                ganizations, we are talking about a
                                               My sense is that what my colleagues                    it is 10 to 12 percent in most other de-               quarter of their budget. A quarter of
                                             from Indiana want to do is based on a                    veloped countries, it has got to be a                  their annual budget could be lost just
                                             premise that comes from the Trump                        problem with the underlying industry                   like that.
                                             administration, which I think is                         and the way government has gone                           What they shared with me was that
                                             flawed. The premise is that those on                     about trying to address it.                            this was everything for them. This was
                                             Medicaid really don’t work and don’t                       I am one in my own business, 13 years                the difference of being able to answer
                                             want to work.                                            ago, who declared that no one should                   the phone from somebody who has been
                                               Having run the legal aid program for                   go broke because they get sick or have                 abused; is in an awful, tragic situation;
                                             the elderly before I came to the Senate                  a bad accident, and then took the tools                doesn’t know where to go, and they
                                             and was codirector of the Oregon Gray                    that were out there with a system that                 phone that number and there is nobody
                                             Panthers—and, again, it is a good dis-                   didn’t give you many to work with,
                                             cussion. People have differences of                                                                             to take that call, nobody to respond,
                                                                                                      have found a way to make it sustain-                   nobody to save those lives.
                                             opinion. I think those on Medicaid                       able, to put skin in the game for my
                                             overwhelmingly—overwhelmingly                                                                                      It is a matter of not just having the
                                                                                                      own employees, to get them to get bet-                 individual there to answer the phone,
                                             would like to be able to work and do                     ter care for themselves, and to do
                                             work, and that is what the difference of                                                                        but, again, when we think about the
                                                                                                      things that weren’t the same things we                 types of services that are provided by
                                             opinion is here.                                         have been doing, which have not im-
                                               As I understand it, Senator BRAUN                                                                             these victim services organizations,
                                                                                                      proved the situation.                                  they are there for, truly, the most vul-
                                             wants States to have the authority to
                                                                                                        Medicaid is paid for half by States,                 nerable at an exceptionally vulnerable
                                             condition access to Medicaid on work.
                                                                                                      half by the Federal Government. I                      moment in their lives.
                                             Now, his colleague from Indiana noted
                                                                                                      think it does entitle States to have                      I was able to hear from those who
                                             some exceptions and the like, which
                                                                                                      more flexibility on account of it. But                 were gathered at this roundtable, to
                                             sounds like it is of some value, but the
                                                                                                      what I would ask my colleagues on my                   hear firsthand on the increases in vic-
                                             basic proposition is conditioning access
                                                                                                      side of the aisle is to look at holding                timization that we have seen in my
                                             to Medicaid on work.
                                               It has been my experience—and I                        the industry more accountable by                       home State of Alaska during this past
                                             have made a practice of it over the                      being competitive, transparent, engag-                 year, as we have seen this impact from
                                             years, having been in public life, to go                 ing the healthcare consumer, and that                  COVID. But the impacts of this in-
                                             back and talk to people on Medicaid. I                   the other side of the aisle doesn’t just               crease on our providers have really
                                             think overwhelmingly they want to                        push through for spending more Fed-                    been astounding.
                                             and do work.                                             eral dollars, where the proof is in the                   Alaska CARES, for example, saw a
                                               It seems to me, as we emerge from                      pudding. Neither approach has been                     173-percent increase in children hos-
                                             the economic effects of the COVID cri-                   working.                                               pitalized in the pediatric ICU for seri-
                                             sis—and my colleague and I are going                       It is a tapeworm on the economy.
                                                                                                                                                             ous physical abuse and fatal neglect.
                                             to work, for example, on unemploy-                       Warren Buffett has got it correct. We
                                                                                                                                                                Think about that. They had a 173-per-
                                             ment insurance, where I hope, again, to                  need to put our heads together.
                                                                                                        Thank you.                                           cent increase in these kids who are
                                             bring flexibility to the States. For ex-                                                                        being hospitalized, and they have said
                                             ample, my colleague on the Finance                         I yield the floor.
                                                                                                        The PRESIDING OFFICER. The Sen-                      they were seeing significant brain trau-
                                             Committee knows that we certainly                                                                               ma, significant brain injury. I heard
                                             had a lot of serious technology issues                   ator from Alaska.
                                                                                                                            H.R. 1652
                                                                                                                                                             about unprecedented increases that we
                                             with respect to the unemployment in-                                                                            are seeing in child torture, which our
                                             surance programs of the States. So one                     Ms. MURKOWSKI. Mr. President,
                                                                                                      just about a month ago, I was on the                   child advocacy centers are witnessing
                                             of the areas I will propose, as we con-                                                                         firsthand. Really, when you think
                                             tinue our work this year, is that the 53                 floor. Senator DURBIN from Illinois was
                                                                                                      here. We were on the floor at that time                about that, it has to just haunt you to
                                             systems should have a uniform base-                                                                             the core.
                                             line. And I think we are going to have                   to ask for unanimous consent to pass
                                                                                                      legislation to fix a technical issue with                 The Alaska chapter of Volunteers of
                                             good support, Democrats and Repub-                                                                              America, which receives VOCA funds to
                                             licans, on it. The key feature will be, of               the VOCA deposit.
                                                                                                        As my colleagues will remember,                      provide at-risk youth and children with
                                             course, giving States the flexibility to                                                                        vital mental health services, shared a
                                             innovate, consistent with having a uni-                  VOCA is designed to help sustain the
                                                                                                      Crime Victims Fund Act, or that is the                 story. They introduced me to Alice.
                                             form baseline.
                                                                                                      legislation that we had introduced at                     Alice is a teen who experienced nu-
                                               So I want my colleagues, both of
                                                                                                      that time. Just to refresh memories, I                 merous traumatic events in her young
                                             them, to understand—Senator BRAUN,
                                                                                                      would like to reiterate why this fix to                life, including child sexual assault and
                                             who I have had some good conversa-
                                                                                                      the victims fund is so essential.                      neglect. By receiving services through
                                             tions with, with respect to healthcare;
                                                                                                        Effectively, what we are talking                     VOCA, she is pulling her life together.
                                             and Senator YOUNG, who is on the Fi-
                                                                                                      about here is stability; sustainability;               She is learning coping skills, learning
                                             nance Committee—I very much look
                                                                                                      and, really, certainty.                                to make those positive choices.
                                             forward to working with both of them
                                             on these healthcare issues.                                I had an opportunity in late June to                    So when we think about the role that
                                               For the reasons that I am describing                   host a roundtable with members from                    these victim services play, these pro-
                                             today, I am objecting at this time. But                  the victim services groups from around                 viders who, again, are there for truly
                                             I think there are a lot of areas where                   the State. We were focused on the im-                  the most vulnerable at the most vul-
                                             both parties can come together with                      pact of the VOCA deposit issue specific                nerable times that they may face, it
                                             respect to healthcare. For these rea-                    to Alaska and what it meant for those                  should make us want to do everything




dlhill on DSK120RN23PROD with SENATE
                                             sons, I object.                                          who provide the services for victims,                  we can to ensure that they have the re-
                                               The PRESIDING OFFICER. The ob-                         whether these are the child advocacy                   sources available for them.
                                             jection is heard.                                        centers, whether these are the domes-                     The longer Congress delays this inev-
                                               Mr. BRAUN. Mr. President.                              tic violence shelters and the centers,                 itable fix, the larger cuts victim serv-
                                               The PRESIDING OFFICER. The Sen-                        abused women networks. But I was                       ices in Alaska and in every State in
                                             ator from Indiana.                                       really blown away by the testimony                     our Nation are going to face. I think



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                                             S4968                                             CONGRESSIONAL RECORD — SENATE                                                          July 20, 2021
                                             we all recognize this has been a dif-                    ment. They even got to the champion-                   of the MSU baseball program, which
                                             ficult time, but for those who are try-                  ship series once in 2013. But this year                has now appeared in 12 NCAA College
                                             ing to serve victims through a global                    was the year it all finally came to-                   World Series in its history, including
                                             pandemic, it has really been so much                     gether under Head Coach Chris                          most recently 3 consecutive series. The
                                             harder. It has been 10 times harder. Our                 Lemonis.                                               inspiring performance of this baseball
                                             providers are exhausted. They are                          They say good pitching wins baseball                 team continues to be celebrated all
                                             burned out. And now they are faced                       games, and in this case, it certainly                  over our State. Maroon is everywhere.
                                             with massive cuts.                                       helped Mississippi State win the Col-                    I truly appreciate the hard work,
                                               Now, my colleague from Pennsyl-                        lege World Series.                                     skill, and dedication that earned these
                                             vania has some legitimate budget con-                      The hype had been building around                    athletes the first NCAA Division I
                                             cerns that he hopes to address through                   MSU by the time they arrived in                        baseball championship for Mississippi
                                             an amendment we will take up later                       Omaha in mid-June. After beating                       State, which are aptly described in the
                                             today. His concerns with changes in                      Texas and then Virginia and then again                 accompanying resolution.
                                             mandatory spending are valid, and I re-                  beating Texas on a walk-off hit in the                   We take pride in the legacy and in-
                                             spect that, but this VOCA fix legisla-                   bottom of the ninth, the Dawgs ad-                     spiring example of these young men
                                             tion is not the mechanism to address                     vanced to the championship round to                    and their coaches. Thank you for such
                                             these concerns. I fear that if his                       face Vanderbilt.                                       a wonderful and historic season. Hail
                                             amendment should pass, it will delay                       The Bulldogs dropped the season                      State.
                                             and perhaps derail this much needed                      opener, but the next day, on the                         (Rings cowbell.)
                                             fix.                                                     strength of pitching from Houston Har-                   I yield the floor.
                                               Again, we are hearing from victims.                    ding and Preston Johnson, who com-                       The PRESIDING OFFICER. The Sen-
                                             We are hearing from survivors. We are                    bined to throw a four-hitter, State                    ator from Wyoming.
                                             hearing from victim service organiza-                    bounced back with a 13-to-2 victory.                                    THE ECONOMY
                                             tions. They are asking us—they are                       They carried that momentum into                          Mr. BARRASSO. Mr. President, I
                                             asking us—they are begging us for a fix                  game 3, where Will Bednar and Landon                   come to the floor today to oppose
                                             now to the VOCA deposit. I am not                        Sims took the mound and held Vandy                     Democrats’ latest multitrillion-dollar
                                             hearing too many of them ask for                         to one single hit. The Bulldogs won in                 spending spree.
                                             CHIMP reform. The use of CHIMPs is                       a 9-to-0 shutout to bring the national                   It has only been 4 months since the
                                             controversial. Our legislation, which                    title home for the first time ever to                  Democrats passed a $1.9 trillion spend-
                                             would fix the VOCA deposit, is not.                      Starkville, MS.                                        ing bill, and it was done through Con-
                                               We cannot fail the many who dedi-                        I want to offer my congratulations to                gress on a party-line vote. Not a single
                                             cate their lives to serving victims and                  Mississippi State Head Coach Chris                     Republican voted for the bill. The
                                             survivors. There was an Alaska organi-                   Lemonis, who was named Coach of the                    Democrats put the whole thing on a
                                             zation at the VOCA roundtable who                        Year by Collegiate Baseball Newspaper.                 credit card. The bill is going to be paid
                                             said it very neatly. She said: It is a                     Congratulations are also in order for                for by our kids and our grandkids, and
                                             representation of our values as a soci-                  Will Bednar, who won Most Out-                         they are going to have to pay for it
                                             ety how we help those who are most                       standing Player at the College World                   with interest.
                                             vulnerable.                                              Series and outfielder Tanner Allen, the                  To me, that bill was completely un-
                                               We have the ability today to do what                   SEC Player of the Year. He was also                    necessary. It was a big payoff to the
                                             is right, so I would urge my colleagues                  named the American Baseball Coaches                    people who run the Democratic Party—
                                             to vote aye on the VOCA Fix Act.                         Association National Player of the                     $86 billion for union bosses, hundreds of
                                               With that, I yield the floor.                          Year.                                                  billions for bankrupt blue States, and
                                               The PRESIDING OFFICER. The Sen-                          In addition, six Bulldogs were named                 free vacation time for DC bureaucrats.
                                             ator from Mississippi.                                   to this year’s College World Series All-               There was a big expansion of Medicaid.
                                               Mr. WICKER. Mr. President, I ask                       Tournament Team: Logan Tanner,                         There was an even bigger expansion of
                                             unanimous consent that Senator HYDE-                     Luke Hancock, Lane Forsythe, Tanner                    ObamaCare. Millions of dollars went
                                             SMITH and I be allowed to use a prop or                  Allen, Rowdey Jordan, and Will                         for so-called climate justice.
                                             two during our next presentation.                        Bednar.                                                  The bill flooded the country with
                                               The PRESIDING OFFICER. Without                           I want to commend the Mississippi                    cash, and it did so without adding
                                             objection, it is so ordered.                             State Bulldogs team for their tireless                 goods or services to the country. So
                                               TRIBUTE TO MISSISSIPPI STATE UNIVERSITY                work throughout this season and for                    what happens? Well, prices go up. It is
                                                           BASEBALL TEAM                              their outstanding achievement. They                    no wonder that prices have gone up
                                               Mr. WICKER. Mr. President, thank                       have made Mississippi State and the                    since Joe Biden took office.
                                             you very much.                                           entire Magnolia State of Mississippi                     Experts from both parties warned
                                               My first prop is a front-page story                    proud.                                                 that the so-called stimulus bill would
                                             from the Northeast Mississippi Daily                       In the words of the late Jack Cristil,               actually cause inflation, and that in-
                                             Journal on Thursday, July 1, 2021. It                    the voice of the Bulldogs for many,                    cludes President Obama’s economic ad-
                                             says:                                                    many years, you can wrap this one up                   viser Larry Summers. Critics also in-
                                               Hail State! Bulldogs are national cham-                in the maroon and white.                               cluded former Obama economic adviser
                                             pions. Mississippi State celebrates after win-             I yield to my colleague from Mis-                    Jason Furman. I want to make sure I
                                             ning the College World Series 9–0 against                sissippi.                                              get the quote right. He said: ‘‘I don’t
                                             Vanderbilt after the deciding Game 3 on                    The PRESIDING OFFICER. The Sen-                      know any economist that was recom-
                                             Wednesday in Omaha. See full coverage:                   ator from Mississippi.                                 mending something the size of what
                                             Sports, 1B.                                                Mrs. HYDE-SMITH. Mr. President, I                    [we passed].’’ Didn’t know a single
                                               That is my other prop, and that head-                  am so pleased to join my colleague in                  economist who recommended it.
                                             line says:                                               congratulating Mississippi State Uni-                    The nonpartisan Congressional Budg-
                                               Best in Show. Decisive win delivers first              versity’s baseball team on its recent                  et Office said we don’t need any stim-
                                             national title for the Mississippi State Bull-           2021 NCAA College World Series cham-                   ulus funding. Well, that didn’t stop the
                                             dogs.                                                    pionship, the first NCAA championship                  Democrats. The Congressional Budget
                                               Senator HYDE-SMITH and I could not                     in school history.                                     Office said our economy would be back
                                             be more delighted to rise this after-                      Mississippi State capped off its ex-                 to normal, they said, this summer
                                             noon and recognize Mississippi State                     traordinary season by defeating an in-                 without a dime of additional spending.




dlhill on DSK120RN23PROD with SENATE
                                             University and their baseball team on                    credibly talented Vanderbilt Univer-                     Democrats, of course, ignored the ex-
                                             their first national championship in                     sity team 9 to 0 in game 3. My house                   perts. They got their hands on Amer-
                                             school history in any sport.                             was full. We were all cheering. Their                  ica’s credit card, and they just couldn’t
                                               The Bulldogs had been to the College                   impressive     and    remarkable      run              resist using it.
                                             World Series 11 times in the past, and                   through this year’s College World Se-                    One measure of inflation is now the
                                             that in itself is a remarkable achieve-                  ries is a testament to the rich tradition              highest it has been in nearly 30 years.



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                                             July 20, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                S4969
                                             Filling up a pickup truck in my home                     incentives to come here illegally. No                    I yield the floor.
                                             State of Wyoming—and I was there                         wonder we are seeing the highest num-                    The PRESIDING OFFICER. The Sen-
                                             again this past weekend—is now about                     bers of illegal aliens in 20 years, right              ator from Pennsylvania.
                                             $25 more expensive than it was the day                   now. Many illegal immigrants have ad-                                   H.R. 1652
                                             Joe Biden was inaugurated. For 3                         mitted they came here because Demo-                      Mr. TOOMEY. Mr. President, I rise
                                             months in a row, prices have gone up                     crats promised to give them govern-                    this afternoon to speak about the legis-
                                             faster than wages. In effect, the Amer-                  ment benefits: free healthcare, plus the               lation we are going to be voting on
                                             ican people, because of the inflation ex-                assurance that they could stay in this                 later today, including an amendment
                                             ceeding wages and growth, have taken                     country.                                               that I have, and it has to do with the
                                             a pay cut.                                                 The spending spree is larded up with                 Crime Victims Fund. And I just want
                                                Two things I hear about every week-                   giveaways to the Democrats’ favorite                   to explain and remind my colleagues
                                             end in Wyoming: one, the cost of                         groups: union bosses, trial lawyers,                   just how important the Crime Victims
                                             things, and then I hear from small                       leftwing professors. It includes tax-                  Fund is.
                                             businesses trying to hire people, trying                 payer funding for full-time professional                 This is a very, very major funding
                                             to get people back to work.                              climate activists.                                     source for people who do some of the
                                                We know, nationally, nearly half of                     So this morning, this very morning,                  most important work in America. I
                                             all the unemployed people have been                      Representative OCASIO-CORTEZ of New                    know. I have met these folks. I have
                                             making more money by staying at                          York and 80 other Members and Demo-                    toured their facilities all across Penn-
                                             home than they would have by going to                    crats sent a letter to Senator SCHUMER                 sylvania. I am referring to the advo-
                                             work. That is because Washington                         demanding funding of these activists.                  cates for victims of crimes. And these
                                             Democrats continue to pay them un-                       Senator SCHUMER went straight to the                   advocates, my goodness, the heinous
                                             employment bonuses on top of the un-                     floor, and he said he would include it.                and horrendous crimes that they guide
                                             employment earnings that they make                         Now, these full-time climate activ-                  people’s recovery from—I am at a loss
                                             in their own State. States have unem-                    ists would get a government paycheck,                  for words to describe what these folks
                                             ployment programs to compensate peo-                     free healthcare, free childcare, free col-             do often for children, often for very
                                             ple who are out of work, but Wash-                       lege tuition, free housing—part of the                 vulnerable people who are victims of
                                             ington Democrats said: Not enough. We                    Democrats’ goal of replacing middle-                   these heinous crimes.
                                             are going to pay everybody a big bonus                   class jobs with government checks.                       Well, thank God there are people who
                                             on top of that.                                            The majority leader came to the                      dedicate their lives, professionals who
                                                At the end of June, a poll estimated                  floor and talked about hiring hundreds                 dedicate their lives to helping people
                                             that 1.8 million people were staying                     of thousands of climate activists—a                    with their recovery, to helping people
                                             home from work because they were                         climate corps. Think about all the ac-                 who are victims to cope with what can
                                             making more money not working than                       tivists against the Keystone Pipeline,                 be horrific reliving of the experience
                                             they would make by working. These                        against drilling in the Arctic. They                   when they have to recount it to law en-
                                             people aren’t lazy. They are logical.                    would now be paid by the Federal Gov-                  forcement or go through physical
                                             They see what the incentives are.                        ernment.                                               exams and on and on. It is very, very
                                             Democrats are printing money, and                          This bill that we are going to be con-               difficult work, and it is very, very im-
                                             people are not going to work because                     sidering, the budget that the Demo-                    portant to help completely innocent
                                             they are getting paid to stay home. No                   cratic Party is bringing forth, also in-               victims get through what is undoubt-
                                             wonder that we have inflation com-                       cludes supersizing the Internal Rev-                   edly the worst experience in their life-
                                             bined with a record number in this                       enue Service. In total, the bill is the                time.
                                             country of unfilled jobs.                                single most expensive spending bill in                   So the Crime Victims Fund provides
                                                Both inflation and worker shortages                   the history of this Nation. It costs al-               resources for the people who help the
                                             were created by this Democratic spend-                   most as much as America’s entire role                  victims of crime and for victims them-
                                             ing bill. It seems the Democrats still                   in World War II. It might not be infra-                selves. It is important to point out
                                             haven’t learned basic economics, and                     structure, but it is a bullet train to so-             that the fund is funded entirely by the
                                             now the Democrats are getting ready                      cialism.                                               proceeds from criminal penalties.
                                             to make the same mistake all over                          This new spending bill raises taxes.                 There is no taxpayer money in this
                                             again. This time, it is even on a bigger                 Yet it gives carve-outs to rich people in              fund. There never has been. It is en-
                                             scale. The Democrats are spending tax-                   blue States and owners of electric vehi-               tirely from criminal penalties.
                                             payer dollars like it is Monopoly                        cles.                                                    And there is a statute that created
                                             money.                                                     Let me be very clear. Not one Repub-                 this account in the Federal Govern-
                                                Democrats are getting ready to cram                   lican is going to vote for this budget                 ment that requires the money that
                                             another bill through Congress on an-                     bill—not one in the House, not one in                  goes into it, these criminal penalties,
                                             other party-line vote, ignoring all the                  the Senate—not for this loaded, reck-                  to go to the victims and their advo-
                                             warning signs. Even the Treasury Sec-                    less spending spree with all the taxes                 cates. But it doesn’t say when the
                                             retary, the Secretary of the Treasury,                   included. That is why all it takes is                  money has to go, and so that gave rise
                                             Janet Yellen, admitted last week—she                     one Democrat in the Senate or a hand-                  to a serious problem that developed.
                                             said ‘‘several more months of rapid in-                  ful in the House to stop this freight                    For years, it turns out that money
                                             flation’’; ‘‘several more months of                      train to socialism.                                    that was put into this fund—money
                                             rapid inflation.’’                                         This means all eyes will now be on                   from criminal penalties that went into
                                                Democrats see the inflation and say:                  the Democratic caucus. CHUCK SCHU-                     the fund—didn’t go to victims, didn’t
                                             Don’t worry about it. We will just send                  MER and NANCY PELOSI want absolutely                   go to the advocates for victims. It was
                                             you another government check. Demo-                      every one of them to walk the plank.                   intentionally withheld because we had
                                             crats seem to want the entire country                    One Democrat could stop this sprint to                 these crazy budget rules that created
                                             getting a government check.                              socialism, stop this massive amnesty,                  an incentive to withhold it.
                                                The latest spending spree massively                   stop these crippling tax increases. If                   The way the budget rule worked is, if
                                             expands ObamaCare, just like the last                    none do, every single Democrat will be                 there was money in the fund that did
                                             one. This new spending spree would                       held responsible for the consequences                  not go to the victims of crime and
                                             lower the age of Medicare even though                    of their actions.                                      their advocates, as it is supposed to,
                                             life expectancy has gone up since Medi-                    The consequences mean more infla-                    under the budget rules, you could pre-
                                             care was created.                                        tion, with higher costs of gas, goods,                 tend that that was a savings, and it




dlhill on DSK120RN23PROD with SENATE
                                                This reckless spending spree would                    groceries, more worker shortages, and                  would therefore allow you to spend
                                             also give amnesty to millions and mil-                   more debt for our Nation. Democrats                    more money in other areas. It was ef-
                                             lions of illegal immigrants. The am-                     did enough damage with their last                      fectively a way to circumvent spending
                                             nesty includes nothing to strengthen                     spending blowout. The new spending                     caps, and that is how it was used.
                                             our borders. That is where the work                      spree is twice as big, and the timing is                 Year in and year out, money was sys-
                                             needs to be done. It just creates more                   even worse.                                            tematically withheld from victims of



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                                             S4970                                             CONGRESSIONAL RECORD — SENATE                                                           July 20, 2021
                                             crime and their advocates, and it was a                  very, very low levels—less than $1 bil-                ment whatsoever that any increase in
                                             big problem. I will give you a sense of                  lion every year—despite huge amounts                   funding will actually be matched by an
                                             scale. In 2014, for instance, only $745                  of money being poured in; and then                     increase in outflows for victims and
                                             million was obligated, despite a bal-                    afterwards, starting in 2015, large,                   their advocates.
                                             ance of $9 billion. There was over $8 bil-               large increases in disbursements from                    You see, making the fund bigger
                                             lion in funding that was supposed to go                  the fund. Very, very important.                        doesn’t by itself guarantee that there
                                             to crime victims and their advocates                       This has changed the circumstances                   will be any more money for victims of
                                             intentionally withheld. In 2013, only                    for advocates of crime. They have                      crime or their advocates. Ensuring
                                             $730 million was obligated out of a lit-                 grown enormously. I know this. In                      that money goes into the fund is just
                                             tle over an $8 billion balance. There                    Pennsylvania, they have been able to                   not enough. We saw this. We need to
                                             was over $7 billion intentionally with-                  hire more counselors. They have been                   ensure that more money is actually
                                             held.                                                    able to open more facilities to treat                  leaving the fund and going to victims,
                                               From 2001 to 2014, the value of the                    and to help these victims of crime.                    not remaining unspent so as to offset
                                             funds—the money going in—increased                         This is tremendous progress, but                     some other category of spending, who
                                             by almost 600 percent. Funding for vic-                  there is no guarantee that it is going                 knows what.
                                             tims of crime and their advocates in-                    to continue. So I have sought to make                    I was appreciative back in 2018 for
                                             creased by 39 percent.                                   this simple principle: The idea that the               the endorsement from the National Or-
                                               This was wrong. It was an abuse. It                    money flowing into the fund should                     ganization for Victim Assistance, who
                                             was based on an arcane and ridiculous                    also flow out of the fund to the vic-                  wrote:
                                             budget rule, and it had a very, very del-                tims. I have tried to make this a per-                   A permanent solution is needed. . . . There
                                             eterious effect. So when I discovered                    manent arrangement.                                    is no mechanism to stop Congress from di-
                                             this, I began fighting this aggressively.                  Now, let me be very clear. I am not                  verting money from victims in the future,
                                             It was brought to my attention by the                    trying to change budget rules. I am not                should it choose to do so.
                                             people who serve victims of crime.                       trying to reopen some general budget.                    Well, my amendment solves this
                                               These groups came to me and asked                      This is one egregious example of a cat-                problem. It is very simple. It would
                                             me to help them in the struggle for                      egory of budget flaws, and I am not                    just require a reasonable minimum
                                             them to get the resources they needed                    trying to change it. I would love to                   level for victims and advocates based
                                             to meet the unmet needs of victims of                    change that. I should qualify that. I am               on the amounts that have been depos-
                                             crime all over my State and, I am sure,                  trying to change it in other venues, but               ited into the Crime Victims Fund from
                                             all over the country.                                    not here, not today. Today, all I am                   both of the sources.
                                               For instance, in 2015, the National                    trying to do is something very, very                     As I say, Congress has been adhering
                                             Children’s Alliance sent me a letter,                    narrow and very specific, and that is to               to this voluntarily since 2016. What my
                                             and they said:                                           make sure that victims of crimes and                   amendment would do is it would sim-
                                               The [Crime Victims Fund] caps have been                their advocates get the money they are                 ply create a point of order. If legisla-
                                             set too low; deposits—                                   supposed to get. It is really and truly                tion came to the floor that violated
                                               Meaning the criminal penalties going                   as simple as that.                                     this principle and that went back to
                                             into the fund—                                             I have introduced legislation to do                  these days of withholding—inten-
                                                                                                      just this, repeatedly—you know, legis-                 tionally     withholding—money      that
                                             have skyrocketed while disbursements have
                                             remained almost flat. . . . We look forward              lation that would simply require that                  should be going to victims of crime,
                                             to further working with you to make all of               we appropriate the appropriate dollar                  then that legislation would be subject
                                             the statutory changes needed to update the               amounts each year. It was reported fa-                 to a point of order. Now, 60 Senators
                                             VOCA Crime Victims Fund and in turn bet-                 vorably out of the Senate Budget Com-                  could override that point of order, but
                                             ter meet the needs of all victims and sur-               mittee in 2015. It was unanimously                     at least it would create the presump-
                                             vivors of crime.                                         adopted in the congressional Bipar-                    tion and an incentive for appropriation
                                              In 2016, the Court Appointed Special                    tisan Budget Act of 2019.                              legislation to actually provide the
                                             Advocates wrote:                                           So there is broad bipartisan support                 funding to victims and their advocates
                                               Since 2000, when Congress began capping                for this idea. But we have never been                  that it is supposed to.
                                             disbursement from the Crime Victims Fund                 able to get it across the finish line.                   I should also be clear. The policy
                                             to prevent fluctuations in deposits, funding             Again, I am not trying to change all                   only creates a spending floor. It would
                                             has not kept pace with the needs of victims,             the budget rules, just this one fund. I                be at the discretion of the appropri-
                                             including the growing population of child                just want to make sure that crime vic-                 ators first and Congress as a whole
                                             victims in America.
                                                                                                      tims get the money that the statute                    later to decide if they wanted to dis-
                                               In 2015, I got a letter from the Penn-                 says they are supposed to get.                         burse more money than what the floor
                                             sylvania Coalition Against Domestic                        The Senator from Illinois, I believe,                contemplates, but the floor would at
                                             Violence, and they said:                                 is the Senator who has introduced leg-                 least prevent the worst of these abuses.
                                              The most frustrating thing for someone                  islation that would create a new cat-                    So you can imagine my surprise
                                             who has done policy work is that there is                egory of resources for the Crime Vic-                  when some of the folks who are big ad-
                                             money available for these unmet needs.                   tims Fund, and that is specifically to                 vocates for putting more money into
                                               That is all true. There was money                      add deferred and nondeferred prosecu-                  the fund are adamantly opposed to my
                                             available. It was because money was                      tion agreement payments to the Crime                   language that would actually require
                                             deposited into the fund. It was just                     Victims Fund. So it wouldn’t be just                   that money to also come out of the
                                             being systematically withheld from the                   criminal judgments. It would also be                   fund and go to the intended bene-
                                             victims of crime and their advocates.                    these prosecution agreements.                          ficiaries.
                                               But I got the message, and I think                       I fully support that money going into                  You have to ask yourself, Why would
                                             these folks were exactly right. So in re-                the Crime Victims Fund. It is a new,                   someone oppose such a requirement? It
                                             sponse to these groups, I began work-                    important source of revenue that can                   is hard not to think that maybe one of
                                             ing closely with appropriators on both                   help to serve these victims of crime.                  the reasons that some people are ada-
                                             sides of the aisle to address this prob-                 There are no tax dollars involved. I                   mant that they not be required to ac-
                                             lem and worked extensively with Sen-                     support this goal. I support this legis-               tually disburse this money is maybe
                                             ator SHELBY and his staff. The fact is,                  lation. I just want to make sure that                  they are thinking about going back to
                                             since about 2015, appropriators, the                     we don’t go back to these days, that                   what used to happen routinely around
                                             folks who control the effective alloca-                  weren’t so terribly long ago, when                     here.




dlhill on DSK120RN23PROD with SENATE
                                             tion of this, have voluntarily obligated                 money going into the fund stayed in                      Remember, if the money is withheld
                                             appropriate levels of disbursements                      the fund because it served people’s pur-               from victims, if we go back to when the
                                             since 2015, and the chart illustrates                    poses.                                                 money didn’t make it out the door to
                                             this very clearly.                                         And that is a problem I have with the                victims, why, that amount that is
                                               Everything to the left of the green                    underlying legislation in its current                  withheld can be spent on other things,
                                             line is prior to 2015. You can see these                 form. That legislation has no require-                 and that is a powerful incentive for a



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                                             July 20, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S4971
                                             lot of folks around here. You can see                    Victims Fund. And I mention this be-                     Mr. President, I ask unanimous con-
                                             how it was done.                                         cause in recent years, deposits into the               sent to have printed in the RECORD a
                                               Now, I have heard people say, some of                  fund have shrunk significantly. They                   letter from the Association of Pros-
                                             my opponents say: Don’t worry. We                        actually threatened the ability to sus-                ecuting    Attorneys,   the   National
                                             have no intention of diverting any of                    tain payments to crime victims.                        Latin@ Network for Healthy Families,
                                             this money. Just trust us, they say.                       Senator TOOMEY’s amendment would                     Council of State Governments, Futures
                                               If they have no intention of diverting                 create a point of order if expenditures                Without Violence, and numerous oth-
                                             the money, then why are they so ada-                     from the Crime Victims Fund fall                       ers be placed in the RECORD at the con-
                                             mant that they not be required to dis-                   below the 3-year average. The current                  clusion of my remarks.
                                             burse it to its intended beneficiaries?                  3-year average is $583 million, assum-                   There being no objection, the mate-
                                               Well, we don’t really have to specu-                   ing the CBO estimate of collections in                 rial was ordered to be printed in the
                                             late anymore because the President of                    fiscal year 2021 is $750 million.                      RECORD, as follows:
                                             the United States, President Biden, has                    The Commerce, Justice, Science, and                                                JULY 13, 2021.
                                             been very clear about his intentions. In                 Related Agency Subcommittee, Appro-                    Hon. MEMBER,
                                             his budget, he has explicitly called for                 priations, has worked to ensure the re-                U.S. Senate,
                                             withholding this money from victims.                     lease of the fund is more than the 3-                  Washington, DC.
                                             It is right here in black and white. You                 year average. For example, in fiscal                     DEAR SENATOR: The organizations below,
                                                                                                                                                             comprising the national VOCA stakeholder
                                             don’t have to be creative here. You                      year 2021, the CJS bill allows spending                workgroup, are writing today to urge you to
                                             don’t have to be conspiratorial. The                     of $2 billion—$2.015 billion out of the                support a floor vote on the House-passed
                                             President has declared to the world in                   fund. Now, that is $1.5 billion more                   H.R. 1652, the VOCA Fix to Sustain the
                                             a published budget that he wants to                      than the 3-year average of fiscal years                Crime Victims Fund Act of 2021 (‘‘VOCA Fix
                                             withhold the money from crime vic-                       2018, 2019, and 2020.                                  Act’’) by allowing a vote on the bill. We fur-
                                             tims. In fact, he laid it out there. It is                 I mention all of this because I sup-                 ther urge you to vote in favor of the VOCA
                                             in table S–8 of his budget.                              port the crime victims. I spent a career               Fix Act and to oppose controversial amend-
                                               I think this is a well-founded concern                 supporting and advocating for them. I                  ments.
                                                                                                                                                               The bipartisan and bicameral VOCA Fix
                                             that we might go back to that practice.                  did that, as I said, before I was in the               Act, introduced in the Senate as S. 611 by
                                             And in any case, if nobody wants to go                   Senate, when I was a prosecutor.                       Senators Durbin, Graham, Baldwin, Grass-
                                             back to that practice, then why                            But this amendment offered by Sen-                   ley, Feinstein, Cornyn, Klobuchar, and Mur-
                                             wouldn’t they agree to a requirement                     ator TOOMEY impinges on the ability of                 kowski, is a narrowly-focused, carefully ne-
                                             that this money actually be disbursed?                   the Appropriations Committee to do its                 gotiated technical fix to address an imme-
                                               Now, over the course of debating                       job. If it were adopted, here is what                  diate crises—massive cuts to Victim of
                                             this, much has been made of a letter                     would happen. It would create a point                  Crime Act (‘‘VOCA’’) victim service grants
                                             that has been signed by some victims’                    of order. It would delay the movement                  and insufficient funding for victim com-
                                                                                                                                                             pensation.
                                             organizations. Let’s look at this for                    of any appropriations bill that the                      VOCA grants are funded by monetary pen-
                                             what it is. Organizations that depend                    Crime Victims Fund is part of.                         alties associated with Federal criminal con-
                                             overwhelmingly on congressional ap-                        I just put over on the—talking about                 victions—they are not funded with taxpayer
                                             propriations are asked to sign a letter                  the average—we have been releasing                     money. In recent years, deposits into the
                                             by the very people who control whether                   more than the 3-year average of the                    VOCA’s Crime Victims Fund (‘‘CVF’’ or ‘‘the
                                             or not they get funding, and the letter                  fund over the last several fiscal years,               Fund’’) have dropped dramatically, due to
                                             is advocating against codifying the sta-                 but then there could be a time when                    the Department of Justice’s increasing reli-
                                             ble increased funding that would ben-                    there is not enough funds to keep it                   ance on deferred prosecution and non-pros-
                                                                                                                                                             ecution agreements (DPAs/NPAs). Unlike
                                             efit those folks.                                        sustainable.                                           criminal convictions, monetary penalties as-
                                               I think we know what is going on                         And that is why we are here to vote                  sociated with DPAs/NPAs are deposited into
                                             there. I want to thank the many groups                   on the underlying bill, the VOCA Fix                   the General Fund of the Treasury—they do
                                             that are supporting this amendment:                      Act. That would direct deposits from                   not go into the Crime Victims Fund, despite
                                             the Committee for a Responsible Fed-                     nonprosecution agreements and de-                      being outcomes based on the same crimes.
                                             eral     Budget,     Heritage     Action,                ferred prosecution agreements to go                      The VOCA Fix Act fixes this discrepancy
                                             FreedomWorks, the R Street Institute,                    into the Crime Victims Fund so we can                  by making a technical fix to deposit mone-
                                                                                                                                                             tary penalties associated with DPAs/NPAs
                                             Taxpayer Protection Alliance, Ameri-                     continue to spend out of the fund at or
                                                                                                                                                             into the CVF instead of the General Fund, in
                                             cans for Prosperity, and others.                         above current levels. And without it,                  alignment with the original intent of the
                                               But, folks, this isn’t complicated and                 the spending would continue to fall.                   statute. It also increases funding for state
                                             it isn’t about overhauling budget rules                    Victims groups like the National Al-                 victim compensation programs and includes
                                             and it isn’t about anything that is ter-                 liance to End Sexual Violence are ask-                 other provisions outlined in this letter of
                                             ribly complicated or arcane. It is about                 ing for clean passage of this act.                     support, signed by more than 1,710 national,
                                             ensuring that crime victims and their                      I went down through it and looked at                 regional, state, Tribal, and local organiza-
                                             advocates get the money they are sup-                    the various States. I mention a couple:                tions and government agencies.
                                                                                                      the Pennsylvania Coalition Against                       The VOCA Fix Act passed the House with
                                             posed to get.
                                                                                                                                                             overwhelming bipartisan support, but it has
                                               I urge my colleagues to stand with                     Domestic Violence, the Children’s Ad-                  stalled in the Senate due to attempts to use
                                             me and support this amendment and                        vocacy Centers of Pennsylvania. The                    the non-controversial VOCA Fix Act to force
                                             make sure that the neediest and some                     Pennsylvania Coalition Against Rape                    a vote on the controversial use of Changes in
                                             of the most vulnerable among us—vic-                     authored an opinion piece on July 5.                   Mandatory Programs (‘‘CHIMPs’’) in the Ap-
                                             tims of crime—receive the increased                      They ask for clean passage of the                      propriations process. Recognizing the crit-
                                             funding they deserve.                                    VOCA Fix Act.                                          ical need to pass the VOCA Fix Act without
                                               The PRESIDING OFFICER (Mr. MAR-                          By the way, this bill also has nearly                further delay, Senators are pursuing a con-
                                             KEY). The Senator from Vermont.                          60 cosponsors, including a number of                   sent agreement to vote on both the VOCA
                                                                                                                                                             Fix Act and an amendment by Senator
                                               Mr. LEAHY. Mr. President, I will op-                   my Republican colleagues like Sen-
                                                                                                                                                             Toomey relating to the use of the VOCA
                                             pose this amendment today. I base it                     ators MURKOWSKi, GRAHAM, CORNYN,                       CHIMP. We urge you to support a floor vote
                                             on my experience as an advocate for                      and GRASSLEY. And the Senate bill is                   on the VOCA Fix Act by letting the unani-
                                             victims of crime that began when I was                   identical to the one before us, H.R.                   mous consent agreement to go through.
                                             a prosecutor, certainly during the time                  1652.                                                  Upon the acceptance of the consent agree-
                                             when I was the Vice President of the                       Now, if we don’t include amend-                      ment, we urge you to vote in favor of the
                                             National District Attorneys Associa-                     ments, if we pass this bill, we can get                VOCA Fix Act.




dlhill on DSK120RN23PROD with SENATE
                                             tion and on their executive board.                       it to the President for signature imme-                  We also urge you to vote against Senator
                                                                                                                                                             Toomey’s amendment to limit the use of the
                                               If you look at the Victims of Crime                    diately. We can help to ensure deposits
                                                                                                                                                             VOCA offset by requiring Appropriators to
                                             Act Fix bill, it has passed the House. It                into the Crime Victims Fund. That                      release the average of the past three years’
                                             would deposit the proceeds in deferred                   means all crime victims are going to be                deposits from the CVF annually. We recog-
                                             prosecution agreements and non-                          helped. I want that passage without an                 nize Senator Toomey’s desire to help sur-
                                             prosecution agreements into the Crime                    amendment.                                             vivors, but his amendment is not the best




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                                             S4972                                             CONGRESSIONAL RECORD — SENATE                                                        July 20, 2021
                                             way to do so. While on the surface, this pro-            tional Association of VOCA Assistance Ad-                This bill has already passed the
                                             posal may seem reasonable, it actually has               ministrators, National Children’s Alliance,            House. If we pass this legislation today
                                             the potential to be harmful. The average of              National Coalition Against Domestic Vio-               without amendment, it can be quickly
                                             the past three years’ deposits was less than             lence, National Criminal Justice Associa-
                                             $500 million. If there was no balance in the
                                                                                                                                                             signed into law, and we can get these
                                                                                                      tion, National District Attorneys Associa-
                                             Fund to offset the low deposits, victim serv-            tion, National Network to End Domestic Vi-             much needed changes to shore up col-
                                             ice grants would have been $200 million—a                olence, National Organization for Victim As-           lections into the fund so that the vic-
                                             cut of 95% compared to four years ago. The               sistance, National Organization of Sisters of          tims of crime can get the help that
                                             cuts to grants over the last few years have              Color Ending Sexual Assault, Ujima, Inc.:              they need. It will make a meaningful
                                             been catastrophic, but a cut of 95% would                The National Center on Violence Against                impact to ensure there is adequate
                                             completely decimate the entire victim serv-              Women in the Black Community.                          funding for survivors now and in years
                                             ice infrastructure. The $2 billion balance al-
                                                                                                        Mr. LEAHY. I urge a ‘‘no’’ vote on                   to come.
                                             lowed by Senator Toomey’s amendment is
                                             less than yearly disbursement over the past              this amendment.                                          I would urge a ‘‘no’’ vote on the
                                             five years and is insufficient to meet the                 The PRESIDING OFFICER. The Sen-                      Toomey amendment.
                                             needs of survivors.                                      ator from New Hampshire.                                 I yield the floor.
                                               It is also important to note that funding is             Mrs. SHAHEEN. Mr. President, I join                    Mr. GRASSLEY. Mr. President, be-
                                             not being diverted from victims to pay for               Senator LEAHY and others who have                      fore we proceed to a vote on final pas-
                                             other programs, as stated by those seeking               come to the floor this afternoon to                    sage of the VOCA Fix Act, on which I
                                             to amend the VOCA Fix Act. When the CVF                  urge clean passage of the VOCA Fix                     teamed up with Senators DURBIN, GRA-
                                             is used as a paper offset, funds are not trans-
                                             ferred to pay for other programs—they re-
                                                                                                      Act so that we can secure greater de-                  HAM, and other members of the Judici-
                                             main in the Fund. Moreover, despite claims               posits into the Crime Victims Fund                     ary Committee, we first will turn to
                                             to the contrary, Appropriators are not                   and ensure continued support for crime                 the Toomey amendment.
                                             hoarding money in the Fund to use as an off-             victims.                                                 This amendment is loosely based on a
                                             set. Over the past several years, they have                I am currently the chair of the Com-                 bill introduced by Senator TOOMEY in
                                             reduced the balance in the Fund from $13 bil-            merce, Justice, and Science Appropria-                 2015. That 2015 measure, entitled the
                                             lion in Fiscal Year 2017 to an anticipated $2.5          tions Subcommittee. Senator MORAN                      ‘‘Fairness for Victims of Crime Act,’’
                                             billion at the end of this fiscal year by in-            from Kansas is my ranking member.                      would have created a budgetary point
                                             creasing grants to victim service providers.
                                                                                                      Before that, Senator MORAN was chair                   of order against legislation that re-
                                             While $2.5 billion may seem like a large bal-
                                             ance, in actuality, it would only cover one              of the committee, and I was the rank-                  quired the Crime Victims Fund to dis-
                                             year’s VOCA grants at Fiscal Year 2020 lev-              ing member. Together, we have com-                     burse less than the average amount
                                             els, which were already at a five-year low.              mitted to a target of spending from the                collected by the Fund over the previous
                                             The amendment has the potential to bring                 fund at a minimum of the 3-year aver-                  3 fiscal years.
                                             down future funding bills and cause a gov-               age of collections. That is a practice                   The Senate held a field hearing on
                                             ernment shutdown, and a bill with this lan-              that was started by former Appropria-                  this legislation, which was introduced
                                             guage would not pass the House of Rep-                   tions Committee and CJS Chair Sen-                     by Senator Toomey, the same year.
                                             resentatives. We ask that you join us in op-                                                                    The Budget Committee, of which I am
                                                                                                      ator Mikulski, along with Senator
                                             posing this amendment.
                                               Victims, survivors, and victim service or-             SHELBY, back in 2015.                                  a member, then approved the legisla-
                                             ganizations are telling us that they are cut-              All deposits made into the Crime                     tion by unanimous voice vote. I still
                                             ting services, laying off staff, and even clos-          Victims Fund should stay in the fund.                  support the premise behind this bill,
                                             ing. They are asking for the VOCA Fix Act—               Our subcommittee directs the amount                    which is to promote fairness for crime
                                             they are not asking for CHIMP reform. While              that is released by the Justice Depart-                victims and restore the original intent
                                             we wait for passage, survivors and advocates             ment from the fund for victim services.                of the Victims of Crime Act.
                                             have watched criminal settlements totaling               But every dollar stays in the fund and                   Some years ago, appropriators placed
                                             more than $545 million directed towards the
                                                                                                      is available in future years if it is not              an arbitrary cap on the amount of
                                             General Fund rather than into the Crime
                                             Victims Fund this calendar year, because                 used for victim services.                              money that could flow out of the Crime
                                             this technical fix has not passed. Ultimately,             If Senator TOOMEY’s amendment                        Victims Fund each year. The imposi-
                                             there may be merit in holding a conversation             passes, if appropriations bills contain                tion of this cap meant not only that
                                             about the structure of Congressional spend-              less than the 3-year average, either the               billions    of   dollars   accumulated,
                                             ing bills, but the VOCA Fix Act is not the ap-           entire cap falls, depleting the fund in                unspent, in the fund in later years, but
                                             propriate forum. The use of CHIMPs is con-               one fiscal year or, more likely, the ap-               also that this sum could be used as an
                                             troversial; the VOCA Fix Act is not.                     propriations bill would be stopped from                offset to support other projects backed
                                               The VOCA Fix Act is a narrowly tailored,
                                             carefully negotiated technical fix bill to ad-           moving forward on the floor.                           by congressional appropriators. Mean-
                                             dress the immediate needs of survivors, and                Now, I appreciate what Senator                       while, the availability of so much
                                             the Senate must act now to pass this critical            TOOMEY is trying to do. He wants to ad-                unspent money in the Crime Victims
                                             legislation without any amendments. On be-               dress budget reform and the impact of                  Fund made it an extremely tempting
                                             half of a broad and committed group of na-               mandatory spending, but this is not the                target for budget dealmakers. On one
                                             tional, regional, state, Tribal, and local               way to do that. That needs a thought-                  occasion in 2015, during the Obama ad-
                                             stakeholders, we urge you to support a vote              ful process that goes through the com-                 ministration, budget negotiators sim-
                                             on the VOCA Fix Act, to vote in favor of the             mittee that there is debate on. This                   ply rescinded at least a billion dollars
                                             VOCA Fix Act, and to vote against the
                                             Toomey amendment. Every delay allows po-
                                                                                                      should not be done as an amendment to                  of the fund for a budget deal.
                                             tential funds that should be deposited into              a bill that is at a process that is crit-                As noted by Senator TOOMEY today,
                                             the Crime Victims Fund to serve victims to               ical to help the victims of crime.                     the President’s budget proposal for the
                                             instead be deposited into the General Treas-               Victims groups and direct service                    coming fiscal year indicates that he
                                             ury. The House passed the VOCA Fix Act                   providers are asking for the clean pas-                proposes to rely on $26 billion in the
                                             more than four months ago with over-                     sage of this act, the VOCA Fix Act.                    Crime Victims Fund and cancellations
                                             whelming bipartisan support; we urge the                 They are urging us to vote no on Sen-                  in the Children’s Health Program to
                                             Senate to similarly pass the House-passed                ator TOOMEY’s amendment.                               offset an equivalent amount in new dis-
                                             VOCA Fix Act, as is, immediately.                          We have all heard from victims
                                               For more information, contact Denise                                                                          cretionary spending. Table S–8 to the
                                             Edwards, Rachel Graber, Terri Poore,                     groups requesting clean passage of this                President’s budget shows that this is
                                             Monica McLaughlin, Daisy Pagan, and Dan                  bill. I have heard from individuals and                the intention.
                                             Eddy.                                                    organizations from across New Hamp-                      Every last penny brought into the
                                                    Respectfully,                                     shire, as Senator LEAHY said, organiza-                Victims of Crime Act Fund is supposed
                                               Association of Prosecuting Attorneys,                  tions like the New Hampshire Coalition                 to help victims rather than serve as a




dlhill on DSK120RN23PROD with SENATE
                                             Casa de Esperanza: National Latin@ Net-                  Against Domestic and Sexual Violence                   funding gimmick for other projects
                                             work for Healthy Families and Communities,
                                                                                                      and the Granite State Children’s Alli-                 supported by appropriators and the
                                             Council of State Governments Justice Cen-
                                             ter, Futures Without Violence, Mothers                   ance which both benefit from the                       White House. It is for this reason that
                                             Against Drunk Driving, National Alliance to              Crime Victims Fund because they get                    I support the Toomey amendment.
                                             End Sexual Violence, National Association                funding for those people who are in-                     Mr. DURBIN. Mr. President, is there
                                             of Crime Victim Compensation Boards, Na-                 jured.                                                 a scheduled vote?



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                                             July 20, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                      S4973
                                               The PRESIDING OFFICER. To the                          and be signed into law, then we would                  on the VOCA Fix Act by letting the unani-
                                             Senator from Illinois, it is scheduled                   be assured that appropriation bills                    mous consent agreement to go through.
                                             for 5:15.                                                would be brought to the floor with the                 Upon the acceptance of the consent agree-
                                                                                                                                                             ment, we urge you to vote in favor of the
                                               Mr. DURBIN. The first vote is on the                   proper allocation done. So I urge the                  VOCA Fix Act.
                                             Toomey amendment followed by a vote                      support of my amendment, and then                        We also urge you to vote against Senator
                                             on passage of the bill, amended or                       the adoption of the underlying bill.                   Toomey’s amendment to limit the use of the
                                             unamended?                                                 The PRESIDING OFFICER. The Sen-                      VOCA offset by requiring Appropriators to
                                               The PRESIDING OFFICER. That is                         ator from Illinois.                                    release the average of the past three years’
                                             correct.                                                   Mr. DURBIN. Mr. President, I am not                  deposits from the CVF annually. We recog-
                                                                                                      going to read the lengthy statement                    nize Senator Toomey’s desire to help sur-
                                               Mr. DURBIN. I would just say in con-
                                                                                                                                                             vivors, but his amendment is not the best
                                             clusion—and I thank the Senator from                     from the coalition of victims’ rights                  way to do so. While on the surface, this pro-
                                             New Hampshire and the Senator from                       advocates and law enforcement organi-                  posal may seem reasonable, it actually has
                                             Vermont for their comments on this                       zations opposing the Toomey amend-                     the potential to be harmful. The average of
                                             measure.                                                 ment and the many organizations that                   the past three years’ deposits was less than
                                               If you listen carefully to the Senator                 have asked us to vote no on the amend-                 $500 million. If there was no balance in the
                                             from Pennsylvania, there is one thing                    ment and yes on the Victims of Crime                   Fund to offset the low deposits, victim serv-
                                                                                                                                                             ice grants would have been $200 million—a
                                             he did not say. He did not say that any                  Act.
                                                                                                                                                             cut of 95% compared to four years ago. The
                                             surplus in this fund was spent for an-                     I ask unanimous consent to have
                                                                                                                                                             cuts to grants over the last few years have
                                             other purpose.                                           printed in the RECORD the entire state-                been catastrophic, but a cut of 95% would
                                               He seems to worry about the alloca-                    ment.                                                  completely decimate the entire victim serv-
                                             tion of the balance each year of the                       There being no objection, the mate-                  ice infrastructure. The $2 billion balance al-
                                             fund. I would think a fiscal conserv-                    rial was ordered to be printed in the                  lowed by Senator Toomey’s amendment is
                                             ative would want to make certain that                    RECORD, as follows:                                    less than yearly disbursement over the past
                                             the money spent is spent properly, not                                                 JULY 13, 2021.           five years and is insufficient to meet the
                                                                                                      Hon. MEMBER,                                           needs of survivors.
                                             overspending in some years and under-                                                                             It is also important to note that funding is
                                                                                                      U.S. Senate,
                                             spending in others.                                      Washington, DC.                                        not being diverted from victims to pay for
                                               That is exactly what the appropri-                       DEAR SENATOR: The organizations below,               other programs, as stated by those seeking
                                             ators are asking for here, the ability to                comprising the national VOCA stakeholder               to amend the VOCA Fix Act. When the CVF
                                             moderate and to regulate the amount                      workgroup, are writing today to urge you to            is used as a paper offset, funds are not trans-
                                             of money as it is spent, as it is needed.                support a floor vote on the House-passed               ferred to pay for other programs—they re-
                                                                                                                                                             main in the Fund. Moreover, despite claims
                                             That seems like a pretty fiscally con-                   H.R. 1652, the VOCA Fix to Sustain the
                                                                                                                                                             to the contrary, Appropriators are not
                                             servative point of view and a respon-                    Crime Victims Fund Act of 2021 (‘‘VOCA Fix
                                                                                                                                                             hoarding money in the Fund to use as an off-
                                             sible one.                                               Act’’) by allowing a vote on the bill. We fur-
                                                                                                                                                             set. Over the past several years, they have
                                               I urge my colleagues to follow the ad-                 ther urge you to vote in favor of the VOCA
                                                                                                                                                             reduced the balance in the Fund from $13 bil-
                                                                                                      Fix Act and to oppose controversial amend-
                                             vice of the Senators from Vermont and                                                                           lion in Fiscal Year 2017 to an anticipated $2.5
                                                                                                      ments.
                                             New Hampshire and to oppose the                            The bipartisan and bicameral VOCA Fix                billion at the end of this fiscal year by in-
                                             Toomey amendment and support the                         Act, introduced in the Senate as S. 611 by             creasing grants to victim service providers.
                                             passage of the bill.                                     Senators Durbin, Graham, Baldwin, Grass-               While $2.5 billion may seem like a large bal-
                                                                                                                                                             ance, in actuality, it would only cover one
                                               The PRESIDING OFFICER. The Sen-                        ley, Feinstein, Cornyn, Klobuchar, and Mur-
                                                                                                                                                             year’s VOCA grants at Fiscal Year 2020 lev-
                                             ator from Pennsylvania.                                  kowski, is a narrowly-focused, carefully ne-
                                                                                                                                                             els, which were already at a five-year low.
                                               Mr. TOOMEY. Mr. President, my un-                      gotiated technical fix to address an imme-
                                                                                                                                                             The amendment has the potential to bring
                                             derstanding is that I would have 1                       diate crises—massive cuts to Victim of
                                                                                                                                                             down future funding bills and cause a gov-
                                                                                                      Crime Act (‘‘VOCA’’) victim service grants
                                             minute to close out debate on this; is                   and insufficient funding for victim com-
                                                                                                                                                             ernment shutdown, and a bill with this lan-
                                             that correct?                                                                                                   guage would not pass the House of Rep-
                                                                                                      pensation.
                                               The PRESIDING OFFICER. There is                          VOCA grants are funded by monetary pen-              resentatives. We ask that you join us in op-
                                                                                                                                                             posing this amendment.
                                             1 minute, and the Senator is recog-                      alties associated with Federal criminal con-
                                                                                                                                                               Victims, survivors, and victim service or-
                                             nized.                                                   victions—they are not funded with taxpayer
                                                                                                                                                             ganizations are telling us that they are cut-
                                               Mr. TOOMEY. Could I claim that                         money. In recent years, deposits into the              ting services, laying off staff, and even clos-
                                             minute now?                                              VOCA’s Crime Victims Fund (‘‘CVF’’ or ‘‘the            ing. They are asking for the VOCA Fix Act—
                                                                                                      Fund’’) have dropped dramatically, due to
                                               The PRESIDING OFFICER. Yes.                                                                                   they are not asking for CHIMP reform. While
                                                                                                      the Department of Justice’s increasing reli-           we wait for passage, survivors and advocates
                                               Mr. TOOMEY. Thank you very much.                       ance on deferred prosecution and non-pros-
                                               Listen, it is very clear that we have                                                                         have watched criminal settlements totaling
                                                                                                      ecution agreements (DPAs/NPAs). Unlike                 more than $545 million directed towards the
                                             very broad agreements on a provision                     criminal convictions, monetary penalties as-           General Fund rather than into the Crime
                                             in this legislation that will dramati-                   sociated with DPAs/NPAs are deposited into             Victims Fund this calendar year, because
                                             cally increase the money that goes into                  the General Fund of the Treasury—they do               this technical fix has not passed. Ultimately,
                                             the fund. What my colleagues on the                      not go into the Crime Victims Fund, despite            there may be merit in holding a conversation
                                             other side of the aisle object to is a re-               being outcomes based on the same crimes.               about the structure of Congressional spend-
                                                                                                        The VOCA Fix Act fixes this discrepancy              ing bills, but the VOCA Fix Act is not the ap-
                                             quirement that the money actually go
                                                                                                      by making a technical fix to deposit mone-             propriate forum. The use of CHIMPs is con-
                                             out of the fund to the victims and their                 tary penalties associated with DPAs/NPAs
                                             advocates.                                                                                                      troversial; the VOCA Fix Act is not.
                                                                                                      into the CVF instead of the General Fund, in             The VOCA Fix Act is a narrowly tailored,
                                               And we know that, systemically,                        alignment with the original intent of the              carefully negotiated technical fix bill to ad-
                                             money was withheld from this fund for                    statute. It also increases funding for state           dress the immediate needs of survivors, and
                                             years, and we know that President                        victim compensation programs and includes              the Senate must act now to pass this critical
                                             Biden has stipulated in his current                      other provisions outlined in this letter of            legislation without any amendments. On be-
                                             budget that it must happen again.                        support, signed by more than 1,710 national,           half of a broad and committed group of na-
                                               I am simply saying, if we all agree                    regional, state, Tribal, and local organiza-           tional, regional, state, Tribal, and local
                                                                                                      tions and government agencies.                         stakeholders, we urge you to support a vote
                                             that this nontaxpayer money coming                         The VOCA Fix Act passed the House with               on the VOCA Fix Act, to vote in favor of the
                                             from criminal penalties and non-                         overwhelming bipartisan support, but it has            VOCA Fix Act, and to vote against the
                                             deferred agreements, if it is supposed                   stalled in the Senate due to attempts to use           Toomey amendment. Every delay allows po-
                                             to go into this account, the Crime Vic-                  the non-controversial VOCA Fix Act to force            tential funds that should be deposited into
                                             tims Fund, which I support, it should                    a vote on the controversial use of Changes in          the Crime Victims Fund to serve victims to
                                             actually have to go to the victims of                    Mandatory Programs (‘‘CHIMPs’’) in the Ap-             instead be deposited into the General Treas-




dlhill on DSK120RN23PROD with SENATE
                                             crime and their advocates.                               propriations process. Recognizing the crit-            ury. The House passed the VOCA Fix Act
                                                                                                      ical need to pass the VOCA Fix Act without             more than four months ago with over-
                                               If my amendment passes, this bill
                                                                                                      further delay, Senators are pursuing a con-            whelming bipartisan support; we urge the
                                             could be passed by the House later that                  sent agreement to vote on both the VOCA                Senate to similarly pass the House-passed
                                             same day or the next day. It could be                    Fix Act and an amendment by Senator                    VOCA Fix Act, as is, immediately.
                                             on the President’s desk before the end                   Toomey relating to the use of the VOCA                   For more information, contact Denise
                                             of the week, easily. If it were to pass                  CHIMP. We urge you to support a floor vote             Edwards, Rachel Graber, Terri Poore,




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                                             S4974                                              CONGRESSIONAL RECORD — SENATE                                                          July 20, 2021
                                             Monica McLaughlin, Daisy Pagan, and Dan                     There appears to be a sufficient sec-                during this pivotal election. Leading
                                             Eddy.                                                     ond.                                                   the effort was NAPS national president
                                                   Respectfully,                                         The clerk will call the roll.                        Brian Wagner. I am grateful for his
                                               Association of Prosecuting Attorneys,
                                             Casa de Esperanza: National Latin@ Net-                     The bill clerk called the roll.                      leadership and service. He has served in
                                             work for Healthy Families and Communities,                  The result was announced—yeas 100,                   NAPS for more than 25 years, and in
                                             Council of State Governments Justice Cen-                 nays 0, as follows:                                    August, he will be retiring from his po-
                                             ter, Futures Without Violence, Mothers                              [Rollcall Vote No. 272 Leg.]                 sition. I would like to share his amaz-
                                             Against Drunk Driving, National Alliance to                                 YEAS—100                             ing story with you.
                                             End Sexual Violence, National Association                                                                          Brian was a paperboy while growing
                                                                                                       Baldwin           Hagerty              Portman
                                             of Crime Victim Compensation Boards, Na-
                                                                                                       Barrasso          Hassan               Reed
                                                                                                                                                              up in Peoria, IL. Right out of high
                                             tional Association of VOCA Assistance Ad-                 Bennet            Hawley                               school, he joined the U.S. Postal Serv-
                                                                                                                                              Risch
                                             ministrators, National Children’s Alliance,               Blackburn         Heinrich             Romney          ice as a letter carrier. It was a perfect
                                             National Coalition Against Domestic Vio-                  Blumenthal        Hickenlooper         Rosen           fit; Brian just enjoys people. He loves
                                             lence, National Criminal Justice Associa-                 Blunt             Hirono               Rounds
                                                                                                       Booker            Hoeven
                                                                                                                                                              connecting with his neighbors and nat-
                                             tion, National District Attorneys Associa-                                                       Rubio
                                             tion, National Network to End Domestic Vi-                Boozman           Hyde-Smith                           urally made friends all along his route.
                                                                                                                                              Sanders
                                             olence, National Organization for Victim As-              Braun             Inhofe
                                                                                                                                              Sasse           A lifelong lover of ice cream, Brian was
                                                                                                       Brown             Johnson                              happy to have The Spotted Cow ice
                                             sistance, National Organization of Sisters of             Burr              Kaine
                                                                                                                                              Schatz
                                             Color Ending Sexual Assault, Ujima, Inc.:                 Cantwell          Kelly                Schumer         cream shop on his route as well. Brian
                                             The National Center on Violence Against                   Capito            Kennedy              Scott (FL)      even met his wife Carol when he was a
                                             Women in the Black Community.                             Cardin            King                 Scott (SC)      letter carrier. Carol ran the mailroom
                                                                                                       Carper            Klobuchar            Shaheen
                                               Mr. DURBIN. I yield the floor.                                                                 Shelby
                                                                                                                                                              of a business on Brian’s route.
                                                                                                       Casey             Lankford
                                                         VOTE ON AMENDMENT NO. 2121                    Cassidy           Leahy                Sinema            While working as a letter carrier,
                                               The PRESIDING OFFICER. The                              Collins           Lee                  Smith           Brian worked hard on his formal edu-
                                             question is on agreeing to amendment                      Coons             Luján               Stabenow        cation. He earned an associate’s degree
                                                                                                       Cornyn            Lummis               Sullivan        in business from Illinois Central Junior
                                             No. 2121, offered by the Senator from                     Cortez Masto      Manchin              Tester
                                             Pennsylvania, Mr. TOOMEY.                                 Cotton            Markey
                                                                                                                                                              College, a bachelor’s degree in finance
                                                                                                                                              Thune
                                               Mr. TOOMEY. Mr. President, I ask                        Cramer            Marshall             Tillis          from Illinois State University, and an
                                             for the yeas and nays.                                    Crapo             McConnell            Toomey          MBA from Illinois State, all while still
                                                                                                       Cruz              Menendez             Tuberville      completing his route every day. Brian
                                               The PRESIDING OFFICER. Is there a                       Daines            Merkley
                                             sufficient second?                                        Duckworth         Moran
                                                                                                                                              Van Hollen      and Carol married after he graduated.
                                                                                                                                              Warner            In 1990, Brian joined NAPS. He joined
                                               There appears to be a sufficient sec-                   Durbin            Murkowski
                                                                                                                                              Warnock
                                             ond.                                                      Ernst             Murphy
                                                                                                                                              Warren
                                                                                                                                                              NAPS because be knew that being a
                                                                                                       Feinstein         Murray                               postal worker was a wonderful job with
                                               The clerk will call the roll.                           Fischer           Ossoff               Whitehouse
                                               The legislative clerk called the roll.                  Gillibrand        Padilla              Wicker          benefits that were worth fighting to
                                               The result was announced—yeas 40,                       Graham            Paul                 Wyden           keep. Others deserved to have the same
                                                                                                       Grassley          Peters               Young           opportunities he had. He began rep-
                                             nays 60, as follows:
                                                         [Rollcall Vote No. 271 Leg.]                    The PRESIDING OFFICER. On this                       resenting NAPS members in 1994 when
                                                                  YEAS—40                              vote, the yeas are 100, the nays are 0.                members elected him president of the
                                             Barrasso          Hagerty             Rounds                The 60-vote threshold having been                    Heart of IL Branch 255. Throughout the
                                             Blackburn         Hawley              Rubio               achieved, the bill is passed.                          years, he has served as NAPS sec-
                                             Boozman           Inhofe              Sasse                 The bill (H.R. 1652) was passed.                     retary/treasurer, central region vice
                                             Braun             Johnson             Scott (FL)                                                                 president, and NAPS Illinois State area
                                             Burr              Kennedy             Scott (SC)                            f                                    vice president.
                                             Cassidy           Lankford            Sullivan
                                             Cornyn            Lee                                              MORNING BUSINESS                                In August 2016, Brian was elected
                                                                                   Thune
                                             Cotton            Lummis              Tillis
                                                                                                                                                              NAPS national president and has been
                                             Cramer            Marshall                                  Mrs. GILLIBRAND. Mr. President, I                    a consistent fighter for postal super-
                                                                                   Toomey
                                             Crapo             McConnell
                                                                                   Tuberville          ask unanimous consent that the Sen-                    visors. His dedication to NAPS is in-
                                             Cruz              Paul                                    ate be in a period of morning business,
                                             Daines            Portman
                                                                                   Wicker                                                                     credible. Brian even celebrated his 30th
                                             Ernst             Risch               Young               with Senators permitted to speak                       wedding anniversary at a NAPS con-
                                             Grassley          Romney                                  therein for up to 10 minutes each.                     vention. He has been in their corner
                                                                 NAYS—60                                 The PRESIDING OFFICER. Without                       through these especially tough times
                                             Baldwin           Hassan              Ossoff
                                                                                                       objection, it is so ordered.                           in the last several years.
                                             Bennet            Heinrich            Padilla                               f                                      This summer, Brian will retire from
                                             Blumenthal        Hickenlooper        Peters                                                                     his role. He will have more time to
                                             Blunt             Hirono              Reed                    TRIBUTE TO BRIAN WAGNER                            travel, practice for his marathons, and
                                             Booker            Hoeven              Rosen
                                             Brown             Hyde-Smith          Sanders               Mr. DURBIN. Madam President, the                     watch his beloved St. Louis Cardinals
                                             Cantwell          Kaine               Schatz              U.S. Postal Service always provides                    play baseball. In addition, he will be
                                             Capito            Kelly               Schumer             outstanding service during every elec-                 able to spend time with his sons Justin
                                             Cardin            King                Shaheen
                                             Carper            Klobuchar           Shelby              tion, but 2020 was something unseen in                 and Ryan and dote on his new grand-
                                             Casey             Leahy               Sinema              more than a century. Last year, USPS                   child. I have heard Idaho and Hawaii
                                             Collins           Luján              Smith               had to manage processing nearly 66                     are on the docket for travel plans. I
                                             Coons             Manchin             Stabenow                                                                   hope he will also find time to enjoy his
                                             Cortez Masto      Markey              Tester
                                                                                                       million ballots, countless safety con-
                                             Duckworth         Menendez            Van Hollen          cerns, and a hostile administration.                   favorite mint chocolate chip ice cream
                                             Durbin            Merkley             Warner              And as expected, it met these chal-                    at The Spotted Cow.
                                             Feinstein         Moran               Warnock             lenges with incredible efforts and de-                   Wishing our best to one of our best.
                                             Fischer           Murkowski           Warren
                                             Gillibrand        Murphy              Whitehouse          termination. A big part of that                                         f
                                             Graham            Murray              Wyden               strength came from the National Asso-                  MEASURES READ THE FIRST TIME
                                               The amendment (No. 2121) was re-                        ciation of Postal Supervisors, or NAPS.                           ON JULY 19, 2021
                                             jected.                                                   What started as 50 postal supervisors
                                                                                                       dedicating themselves to helping their                   The following bill was read the first
                                               The bill was ordered to a third read-                                                                          time:
                                             ing and was read the third time.                          fellow supervisors more than a century
                                                                                                                                                                S. 2382. A bill to authorize the National
                                               The PRESIDING OFFICER (Mr.                              ago has become a critical force during
                                                                                                                                                              Cyber Director to accept details from other
                                             PETERS). The bill having been read the                    our election. They have kept our Na-




dlhill on DSK120RN23PROD with SENATE
                                                                                                                                                              elements of the Federal Government on non-
                                             third time, the question is, Shall the                    tion connected through the mail, and                   reimbursable basis, and for other purposes.
                                             bill pass?                                                in 2020, they helped keep us connected                                f
                                               Mr. PADILLA. I ask for the yeas and                     to our democracy.
                                             nays.                                                       With a membership of 27,000, NAPS                    MESSAGES FROM THE PRESIDENT
                                               The PRESIDING OFFICER. Is there a                       local ballot ambassadors helped postal                  Messages from the President of the
                                             sufficient second?                                        leadership process millions of ballots                 United States were communicated to



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