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/
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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
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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
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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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