Leahy Introduces Crime Victims Reauthorization Bill
WASHINGTON (Wednesday, June 24, 2009) – Senator
Patrick Leahy (D-Vt.) Wednesday introduced legislation to preserve and
enhance federal assistance to crime victims under the Victims of Crime
Act. The Crime Victims Fund Preservation Act will ensure that
victims of crime, through victim service providers around the country,
will receive essential services that they need to become survivors and
move forward with their lives.
The Crime Victims Fund serves roughly four million
crime victims every year, including victims of domestic violence, sexual
assault, child abuse, elder abuse, and drunk driving, as well as
survivors of homicide victims. This year marks the 25th
anniversary of the Victims of Crime Act (VOCA). The Act serves as
the primary source of financial support for crime victim services.
The Crime Victims Fund is supported by money collected from fines,
penalty assessments, bond forfeitures collected from convicted federal
offenders, and other collections. It is not supported by taxpayer
dollars. Grants are awarded annually by the Department of Justice
under a statutory formula.
“This bill will support the intent of Congress to use
revenues generated from criminal fines and forfeitures to provide direct
services and compensation to crime victims,” said Leahy. “This
legislation will help ensure sufficient, stable and predictable
resources for victims of crime and their families, and will allow victim
service providers to plan ahead in order to maximize these resources.
Victim service professionals have seen a clear increase in victimization
with the economic downturn, as job losses and economic stress translate
into increased violence in the home and in our communities. This
legislation will build upon Congress’s strong support for victims of
crime by improving the mechanism through which funding is distributed to
victim service providers throughout the States.”
The Leahy-authored legislation will authorize a
minimum funding level for programs under the Victims of Crime Act
through 2014.
In 2000, for the first time, Congress imposed a “cap”
on the fund to allow Congress to ensure that adequate resources remained
in the fund from year-to-year. In subsequent years, this cap has
fluctuated due to its imposition on a year to year basis.
Nationwide, more than 4000 agencies are supported by VOCA dollars every
year. According to the National Census of Domestic Violence
Services, on one day in 2008, nearly 61,000 adults and children sought
support from local domestic violence programs. Due to lack of
resources, almost 9000 requests were unmet due to lack of resources.
The Senate Judiciary Committee, which
Leahy chairs, held a
hearing earlier this year during National Crime Victims’ Rights Week
to examine the services provided by the Victims of Crime Act.
Susan Russell of Warren Vermont, a crime victim survivor, and
Judy Rex, the Executive Director of the Vermont Center for Crime
Victim Services both testified at the hearing.
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Statement Of Senator Patrick Leahy
(D-Vt.),
Chairman, Senate Judiciary Committee,
On The Introduction Of Crime Victims Fund Preservation Act Of 2009
June 24, 2009
I am pleased to join with Senator Crapo to introduce
the Crime Victims Fund Preservation Act of 2009, which would restore and
increase critical funding for direct services and compensation to
victims of crime under the Victims of Crime Act.
I was honored to support the passage of the Victims of
Crime Act of 1984 (VOCA), which has been the principal means by which
the Federal Government has supported essential services for crime
victims and their families. The Victims of Crime Act provides
grants for direct services to victims, such as state crime victim
compensation programs, emergency shelters, crisis intervention,
counseling, and assistance in participating in the criminal justice
system. These services are all financed by a reserve fund created
from fines and penalties paid by Federal criminal offenders, at no cost
to taxpayers.
A number of us have worked hard over the years to
protect the Crime Victims Fund (“the Fund”). State victim
compensation and assistance programs serve nearly four million crime
victims each year, including victims of violent crime, domestic
violence, sexual assault, child abuse, elder abuse, and drunk driving.
The Crime Victims Fund makes these programs possible and has helped
hundreds of thousands of victims of violent crime bravely move forward
with their lives.
Several years ago, I worked to make sure that the
Crime Victims Fund would be there in good times, and in bad. We
made sure it had a “rainy day” capacity so that in lean years, victims
and their advocates would not have to worry that the Fund would run out
of money and that they would be left stranded. More recently, an
annual cap has been set on the level of funding to be spent from the
Fund in a given year, in part to help preserve adequate funds from year
to year. When this cap was established, and when President Bush
then sought to empty the Crime Victims Fund of unexpended funds, I
joined with Senator Crapo, Senator Mikulski and others from both
political parties to make sure that the Crime Victims Fund was
preserved. And fortunately Congress has consistently
rejected efforts to rob crime victims of resources that are
appropriately set aside to assist them and their families.
Unfortunately, the cap on the Fund has not kept pace
with the demand for compensation and services. From 2006 to 2008,
VOCA victim assistance formula grants were cut by $87 billion or 22
percent. This reduction in funding, coupled with the current
economic climate, was devastating to victim service providers who were
forced to curtail services, lay off staff, and close their doors,
jeopardizing the well-being and recovery of many crime victims.
In addition, victim service professionals have seen a
clear increase in victimization and victim need in the past year as job
losses and economic stress translate into increased violence in the home
and in our communities. The National Crime Victims Helpline
reported a 25 percent increase in calls in recent months and the
National Domestic Violence Hotline reported a similar increase.
Local shelters and crisis lines are also reporting a rise in demand as
the shortage of affordable housing and rising unemployment are
increasing the time that victims stay in emergency shelters. The
rising unemployment rate also means victims are less likely to have
insurance to cover their crime-related expenses.
At a Judiciary Committee hearing I chaired in April on
the Victim of Crime Act, witnesses testified that there has also been an
increase in the variety of crimes being committed. The National
Crime Victims Helpline has seen an increase in calls from fraud victims
– people falling prey to “work at home” scams, secret shopper scams,
investment scams, mortgage fraud, and construction fraud. Such
victims are in desperate need of financial counseling and mental health
counseling to overcome the stress and emotional impact of falling victim
to these scams. Under Federal regulations, states may use
compensation and victim assistance programs to aid financial crime
victims, but services are not available. Victim service providers
are reluctant to expand their outreach and services without assured
increased funding and there is already too much competition for the
limited funds available. The National Census of Domestic Violence
Services conducted last fall showed that in one day, nearly 9,000
victims were turned away from shelter, counseling, and other crucial
services because local programs were unable to serve them.
The need for victim assistance and compensation has
grown. The Crime Victims Fund can provide more help.
Recent years have seen an increase in collections from criminal fines
and penalties. Accordingly, Congress has the ability to provide
stable and predictable growth without jeopardizing the sustainability of
the Fund, and should do so through this legislation. The Crime
Victims Fund Preservation Act would establish a minimum funding level
for programs under VOCA to ensure reasonable and predictable growth in
victim services through FY 2014. Providing a stable and
predictable funding stream will enable states to expand their programs
and outreach to the thousands of victims who have nowhere to turn.
Again, I emphasize that it does not cost a dime of taxpayer funds but
will come exclusively from Federal criminal fines and penalties.
I want to commend Senator Mikulski, the Chairwoman of
the Commerce, Justice, and Science Appropriations Subcommittee, and
Senator Shelby, the Ranking Member, for working with the President to
provide $100 million in the economic recovery package for crime victims.
That additional funding is sorely needed right now and I know it was
sincerely appreciated by victim service providers. Funding
in the Omnibus Appropriations Act of 2009 together with the Recovery Act
funds, restored funding to the 2006 level, adjusted for inflation.
A 2010 cap on total VOCA obligations of $705 million is expected to
maintain the funding level for assistance grants provided in 2009
through the Recovery Act funding and annual appropriations. I
believe that the certainty this legislation will provide will be helpful
to the states, victim service providers, and the citizens they serve,
and will help improve this vital program.
I look forward to working with Senator Crapo, Senator
Mikulski and many other interested Senators on this initiative to
provide increased, stable, and predicable funding for to meet the
ongoing need for essential services for crime victims and their families
in the years ahead. I ask unanimous consent that a copy of the
bill be printed in the record.
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