The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION” mentioning Richard J. Durbin was published in the Senate section on pages S1121-S1122 on March 4.
Of the 100 senators in 117th Congress, 24 percent were women, and 76 percent were men, according to the Biographical Directory of the United States Congress.
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The publication is reproduced in full below:
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION
By Mr. DURBIN (for himself, Mr. Grassley, Mr. Leahy, Mr. Lee, Mr.
Booker, and Mr. Tillis):
S. 601. A bill to amend section 3661 of title 18, United States Code, to prohibit the consideration of acquitted conduct at sentencing; to the Committee on the Judiciary.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
S. 601
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prohibiting Punishment of Acquitted Conduct Act of 2021''.
SEC. 2. ACQUITTED CONDUCT AT SENTENCING.
(a) Use of Information for Sentencing.--
(1) Amendment.--Section 3661 of title 18, United States Code, is amended by inserting ``, except that a court of the United States shall not consider, except for purposes of mitigating a sentence, acquitted conduct under this section'' before the period at the end.
(2) Applicability.--The amendment made by paragraph (1) shall apply only to a judgment entered on or after the date of enactment of this Act.
(b) Definitions.--Section 3673 of title 18, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``As'' and inserting the following:
``(a) As''; and
(2) by adding at the end the following:
``(b) As used in this chapter, the term `acquitted conduct' means--
``(1) an act--
``(A) for which a person was criminally charged and adjudicated not guilty after trial in a Federal, State, or Tribal court; or
``(B) in the case of a juvenile, that was charged and for which the juvenile was found not responsible after a juvenile adjudication hearing; or
``(2) any act underlying a criminal charge or juvenile information dismissed--
``(A) in a Federal court upon a motion for acquittal under rule 29 of the Federal Rules of Criminal Procedure; or
``(B) in a State or Tribal court upon a motion for acquittal or an analogous motion under the applicable State or Tribal rule of criminal procedure.''.
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By Mr. DURBIN (for himself, Mr. Graham, Ms. Baldwin, Mr.
Grassley, Mrs. Feinstein, Mr. Cornyn, Ms. Klobuchar, Ms.
Murkowski, Mr. Leahy, Mr. Crapo, Mr. Whitehouse, Ms. Ernst, Mr.
Brown, Mr. Tillis, Mr. Wyden, Mr. Menendez, Ms. Hirono, Mrs.
Shaheen, Ms. Warren, Ms. Smith, Mr. Blumenthal, Mr. Reed, Mr.
Tester, Mr. Schatz, Mr. Casey, Ms. Cortez Masto, and Mr.
Portman):
S. 611. A bill to deposit certain funds into the Crime Victims Fund, to waive matching requirements, and for other purposes; to the Committee on the Judiciary.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
S. 611
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``VOCA Fix to Sustain the Crime Victims Fund Act of 2021''.
SEC. 2. COMPREHENSIVE FIX OF CRIME VICTIMS FUND AND
COMPENSATION.
(a) Crime Victims Fund.--Section 1402 of the Victims of Crime Act of 1984 (34 U.S.C. 20101) is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``; and'' and inserting a semicolon;
(B) in paragraph (5)(B), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(6) any funds that would otherwise be deposited in the general fund of the Treasury collected pursuant to--
``(A) a deferred prosecution agreement; or
``(B) a non-prosecution agreement.''; and
(2) in subsection (e), by striking ``Director'' and inserting ``Director, except that renewals and extensions beyond that period may be granted at the discretion of the Attorney General''.
(b) Crime Victim Compensation.--Section 1403 of the Victims of Crime Act of 1984 (34 U.S.C. 20102) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``40 percent in fiscal year 2002 and of 60 percent in subsequent fiscal years'' and inserting ``75 percent'';
(B) in paragraph (2), by striking ``of 40 percent in fiscal year 2002 and of 60 percent in subsequent fiscal years'';
(C) by redesignating paragraph (3) as paragraph (4); and
(D) by inserting after paragraph (2) the following new paragraph:
``(3) For the purposes of calculating amounts awarded in the previous fiscal year under this subsection, the Director shall not require eligible crime victim compensation programs to deduct recovery costs or collections from restitution or from subrogation for payment under a civil lawsuit.'';
(2) in subsection (b)(2) by striking ``authorities;'' and inserting ``authorities, except if a program determines such cooperation may be impacted due to a victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's wellbeing;''; and
(3) in subsection (d)--
(A) in paragraph (3), by striking ``; and'' and inserting a semicolon;
(B) in paragraph (4), by striking the period at the end and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(5) the term `recovery costs' means expenses for personnel directly involved in the recovery efforts to obtain collections from restitution or from subrogation for payment under a civil law suit.''.
SEC. 3. WAIVER OF MATCHING REQUIREMENT.
(a) In General.--Section 1404(a) of the Victims of Crime Act of 1984 (34 U.S.C. 20103(a)) is amended by inserting at the end the following new paragraph:
``(7)(A) Each chief executive may waive a matching requirement imposed by the Director, in accordance with subparagraph (B), as a condition for the receipt of funds under any program to provide assistance to victims of crimes authorized under this chapter. The chief executive shall report to the Director the approval of any waiver of the matching requirement.
``(B) Each chief executive shall establish and make public, a policy including--
``(i) the manner in which an eligible crime victim assistance program can request a match waiver;
``(ii) the criteria used to determine eligibility of the match waiver; and
``(iii) the process for decision making and notifying the eligible crime victim assistance program of the decision.''.
(b) National Emergency Waiver.--Section 1404(a) of the Victims of Crime Act of 1984 (34 U.S.C. 20103(a)), as amended by subsection (a), is further amended by inserting at the end the following new paragraph:
``(8) Beginning on the date a national emergency is declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to a pandemic and ending on the date that is one year after the date of the end of such national emergency, each chief executive shall issue waivers for any matching requirement, in its entirety, for all eligible crime victim assistance programs contracted to provide services at that time.''.
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