[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 805 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 805
To enhance the rights of crime victims, to establish grants for local
governments to assist crime victims, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 7, 2003
Mr. Leahy (for himself, Mr. Kennedy, Mr. Corzine, Mr. Daschle, Mr.
Kerry, Mr. Feingold, Mrs. Murray, and Mr. Schumer) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
_______________________________________________________________________
A BILL
To enhance the rights of crime victims, to establish grants for local
governments to assist crime victims, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Crime Victims
Assistance Act of 2003''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--VICTIM RIGHTS IN THE FEDERAL SYSTEM
Sec. 101. Right to consult concerning detention.
Sec. 102. Right to a speedy trial.
Sec. 103. Right to consult concerning plea.
Sec. 104. Enhanced participatory rights at trial.
Sec. 105. Enhanced participatory rights at sentencing.
Sec. 106. Right to notice concerning sentence adjustment, discharge
from psychiatric facility, and executive
clemency.
Sec. 107. Procedures to promote compliance.
TITLE II--VICTIM ASSISTANCE INITIATIVES
Sec. 201. Pilot programs to enforce compliance with State crime
victim's rights laws.
Sec. 202. Increased resources to develop state-of-the-art systems for
notifying crime victims of important dates
and developments.
Sec. 203. Restorative justice grants.
Sec. 204. Grants to develop interdisciplinary coordinated service
programs for victims of crime.
Sec. 205. Grants for services to crime victims with special
communication needs.
TITLE III--AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984
Sec. 301. Formula for distributions from the crime victims fund.
Sec. 302. Clarification regarding antiterrorism emergency reserve.
Sec. 303. Prohibition on diverting crime victims fund to offset
increased spending.
TITLE I--VICTIM RIGHTS IN THE FEDERAL SYSTEM
SEC. 101. RIGHT TO CONSULT CONCERNING DETENTION.
(a) Right To Consult Concerning Detention.--Section 503(c) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) is
amended by striking paragraph (2) and inserting the following:
``(2) A responsible official shall--
``(A) arrange for a victim to receive reasonable
protection from a suspected offender and persons acting
in concert with or at the behest of the suspected
offender; and
``(B) consult with a victim prior to a detention
hearing to obtain information that can be presented to
the court on the issue of any threat the suspected
offender may pose to the safety of the victim.''.
(b) Court Consideration of the Views of Victims.--Chapter 207 of
title 18, United States Code, is amended--
(1) in section 3142--
(A) in subsection (g)--
(i) in paragraph (3), by striking ``and''
at the end;
(ii) by redesignating paragraph (4) as
paragraph (5); and
(iii) by inserting after paragraph (3) the
following:
``(4) the views of the victim; and''; and
(B) by adding at the end the following:
``(k) Views of the Victim.--During a hearing under subsection (f),
the judicial officer shall inquire of the attorney for the Government
if the victim has been consulted on the issue of detention and the
views of such victim, if any.''; and
(2) in section 3156(a)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) the term `victim' includes all persons defined as
victims in section 503(e)(2) of the Victims' Rights and
Restitution Act of 1990 (42 U.S.C. 10607(e)(2)).''.
SEC. 102. RIGHT TO A SPEEDY TRIAL.
Section 3161(h)(8)(B) of title 18, United States Code, is amended
by adding at the end the following:
``(v) The interests of the victim (as defined in section 503(e)(2)
of the Victims' Rights and Restitution Act of 1990 (42 U.S.C.
10607(e)(2)) in the prompt and appropriate disposition of the case,
free from unreasonable delay.''.
SEC. 103. RIGHT TO CONSULT CONCERNING PLEA.
(a) Right To Consult Concerning Plea.--Section 503(c) of the
Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) is
amended--
(1) by redesignating paragraphs (4) through (8) as
paragraphs (5) through (9), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) A responsible official shall make reasonable efforts
to notify a victim of, and consider the views of a victim
about, any proposed or contemplated plea agreement. In
determining what is reasonable, the responsible official should
consider factors relevant to the wisdom and practicality of
giving notice and considering views in the context of the
particular case, including--
``(A) the impact on public safety and risks to
personal safety;
``(B) the number of victims;
``(C) the need for confidentiality, including
whether the proposed plea involves confidential
information or conditions; and
``(D) whether time is of the essence in negotiating
or entering a proposed plea.''.
(b) Court Consideration of the Views of Victims.--Rule 11 of the
Federal Rules of Criminal Procedure is amended--
(1) by redesignating subdivisions (g) and (h) as
subdivisions (h) and (i), respectively; and
(2) by inserting after subdivision (f) the following:
``(g) Views of the Victim.--Notwithstanding the acceptance of a
plea of guilty, the court should not enter a judgment upon such plea
without making inquiry of the attorney for the Government if the victim
(as defined in section 503(e)(2) of the Victims' Rights and Restitution
Act of 1990) has been consulted on the issue of the plea and the views
of such victim, if any.''.
(c) Effective Date.--
(1) In general.--The amendments made by subsection (b)
shall become effective as provided in paragraph (3).
(2) Action by judicial conference.--
(A) Recommendations.--Not later than 180 days after
the date of enactment of this Act, the Judicial
Conference of the United States shall submit to
Congress a report containing recommendations for
amending the Federal Rules of Criminal Procedure to
provide enhanced opportunities for victims to be heard
on the issue of whether or not the court should accept
a plea of guilty or nolo contendere.
(B) Inapplicability of other law.--Chapter 131 of
title 28, United States Code, does not apply to any
recommendation made by the Judicial Conference of the
United States under this paragraph.
(3) Congressional action.--Except as otherwise provided by
law, if the Judicial Conference of the United States--
(A) submits a report in accordance with paragraph
(2) containing recommendations described in that
paragraph, and those recommendations are the same as
the amendments made by subsection (b), the amendments
made by subsection (b) shall become effective 30 days
after the date on which the recommendations are
submitted to Congress under paragraph (2);
(B) submits a report in accordance with paragraph
(2) containing recommendations described in that
paragraph, and those recommendations are different in
any respect from the amendments made by subsection (b),
the recommendations made pursuant to paragraph (2)
shall become effective 180 days after the date on which
the recommendations are submitted to Congress under
paragraph (2), unless an Act of Congress is passed
overturning the recommendations; and
(C) fails to comply with paragraph (2), the
amendments made by subsection (b) shall become
effective 360 days after the date of enactment of this
Act.
(4) Application.--Any amendment made pursuant to this
section (including any amendment made pursuant to the
recommendations of the Judicial Conference of the United States
under paragraph (2)) shall apply in any proceeding commenced on
or after the effective date of the amendment.
SEC. 104. ENHANCED PARTICIPATORY RIGHTS AT TRIAL.
(a) Amendments to Victim Rights Clarification Act.--Section 3510 of
title 18, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Application to Televised Proceedings.--This section applies
to any victim viewing proceedings pursuant to section 235 of the
Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C.
10608), or any rule issued pursuant to that section.
``(d) Standing.--
``(1) In general.--At the request of any victim of an
offense, the attorney for the Government may assert the right
of the victim under this section to attend and observe the
trial.
``(2) Victim standing.--If the attorney for the Government
declines to assert the right of a victim under this section,
then the victim has standing to assert such right.
``(3) Appellate review.--An adverse ruling on a motion or
request by an attorney for the Government or a victim under
this subsection may be appealed or petitioned under the rules
governing appellate actions, provided that no appeal or
petition shall constitute grounds for unreasonably delaying a
criminal proceeding.''.
(b) Amendment to Victims' Rights and Restitution Act of 1990.--
Section 502(b) of the Victims' Rights and Restitution Act of 1990 (42
U.S.C. 10606(b)) is amended--
(1) by amending paragraph (4) to read as follows:
``(4) The right to be present at all public court
proceedings related to the offense, unless the court determines
that testimony by the victim at trial would be materially
affected if the victim heard the testimony of other
witnesses.''; and
(2) in paragraph (5), by striking ``attorney'' and
inserting ``the attorney''.
SEC. 105. ENHANCED PARTICIPATORY RIGHTS AT SENTENCING.
(a) Views of the Victim.--Section 3553(a) of title 18, United
States Code, is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following:
``(7) the impact of the crime upon any victim of the
offense as reflected in any victim impact statement and the
views of any victim of the offense concerning punishment, if
such statement or views are presented to the court; and''.
(b) Enhanced Right To Be Heard Concerning Sentence.--Rule 32 of the
Federal Rules of Criminal Procedure is amended--
(1) in subdivision (c)(3)(E)--
(A) by striking ``if the sentence is to be imposed
for a crime of violence or sexual abuse,''; and
(B) by inserting ``written or oral'' before
``statement''; and
(2) by amending subdivision (f) to read as follows:
``(f) Definition.--For purposes of this rule, the term `victim'
means any individual against whom an offense has been committed for
which a sentence is to be imposed, but the right of allocution under
subdivision (c)(3)(E) may be exercised instead by--
``(1) a parent or legal guardian, if the victim is
incompetent or has not reached 18 years of age; or
``(2) 1 or more family members or relatives designated by
the court, if the victim is deceased or incapacitated,
if such person or persons are present at the sentencing hearing,
regardless of whether the victim is present.''.
(c) Effective Date.--
(1) In general.--The amendments made by subsection (b)
shall become effective as provided in paragraph (3).
(2) Action by judicial conference.--
(A) Recommendations.--Not later than 180 days after
the date of enactment of this Act, the Judicial
Conference of the United States shall submit to
Congress a report containing recommendations for
amending the Federal Rules of Criminal Procedure to
provide enhanced opportunities for victims to
participate during the presentencing and sentencing
phase of the criminal process.
(B) Inapplicability of other law.--Chapter 131 of
title 28, United States Code, does not apply to any
recommendation made by the Judicial Conference of the
United States under this paragraph.
(3) Congressional action.--Except as otherwise provided by
law, if the Judicial Conference of the United States--
(A) submits a report in accordance with paragraph
(2) containing recommendations described in that
paragraph, and those recommendations are the same as
the amendments made by subsection (b), the amendments
made by subsection (b) shall become effective 30 days
after the date on which the recommendations are
submitted to Congress under paragraph (2);
(B) submits a report in accordance with paragraph
(2) containing recommendations described in that
paragraph, and those recommendations are different in
any respect from the amendments made by subsection (b),
the recommendations made pursuant to paragraph (2)
shall become effective 180 days after the date on which
the recommendations are submitted to Congress under
paragraph (2), unless an Act of Congress is passed
overturning the recommendations; and
(C) fails to comply with paragraph (2), the
amendments made by subsection (b) shall become
effective 360 days after the date of enactment of this
Act.
(4) Application.--Any amendment made pursuant to this
section (including any amendment made pursuant to the
recommendations of the Judicial Conference of the United States
under paragraph (2)) shall apply in any proceeding commenced on
or after the effective date of the amendment.
SEC. 106. RIGHT TO NOTICE CONCERNING SENTENCE ADJUSTMENT, DISCHARGE
FROM PSYCHIATRIC FACILITY, AND EXECUTIVE CLEMENCY.
(a) In General.--Paragraph (6) of section 503(c) of the Victims'
Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)), as
redesignated by section 103 of this Act, is amended to read as follows:
``(6) After trial, a responsible official shall provide a
victim the earliest possible notice of--
``(A) the scheduling of a parole hearing or a
hearing on modification of probation or supervised
release for the offender;
``(B) the escape, work release, furlough, discharge
or conditional discharge, or any other form of release
from custody of the offender, including an offender who
was found not guilty by reason of insanity;
``(C) the grant of executive clemency, including
any pardon, reprieve, commutation of sentence, or
remission of fine, to the offender; and
``(D) the death of the offender, if the offender
dies while in custody.''.
(b) Reporting Requirement.--The Attorney General shall submit
biannually to the Committees on the Judiciary of the House of
Representatives and the Senate a report on executive clemency matters
or cases delegated for review or investigation to the Attorney General
by the President, including for each year--
(1) the number of petitions so delegated;
(2) the number of reports submitted to the President;
(3) the number of petitions for executive clemency granted
and the number denied;
(4) the name of each person whose petition for executive
clemency was granted or denied and the offenses of conviction
of that person for which executive clemency was granted or
denied; and
(5) with respect to any person granted executive clemency,
the date that any victim of an offense that was the subject of
that grant of executive clemency was notified, pursuant to
Department of Justice regulations, of a petition for executive
clemency, and whether such victim submitted a statement
concerning the petition.
SEC. 107. PROCEDURES TO PROMOTE COMPLIANCE.
(a) Regulations.--Not later than 1 year after the date of enactment
of this Act, the Attorney General of the United States shall promulgate
regulations to enforce the rights of victims of crime described in
section 502 of the Victims' Rights and Restitution Act of 1990 (42
U.S.C. 10606) and to ensure compliance by responsible officials with
the obligations described in section 503 of that Act (42 U.S.C. 10607).
(b) Contents.--The regulations promulgated under subsection (a)
shall--
(1) establish an administrative authority within the
Department of Justice to receive and investigate complaints
relating to the provision or violation of the rights of a crime victim;
(2) require a course of training for employees and offices
of the Department of Justice that fail to comply with
provisions of Federal law pertaining to the treatment of
victims of crime, and otherwise assist such employees and
offices in responding more effectively to the needs of victims;
(3) contain disciplinary sanctions, including suspension or
termination from employment, for employees of the Department of
Justice who willfully or wantonly fail to comply with
provisions of Federal law pertaining to the treatment of
victims of crime; and
(4) provide that the Attorney General, or the designee of
the Attorney General, shall be the final arbiter of the
complaint, and that there shall be no judicial review of the
final decision of the Attorney General by a complainant.
TITLE II--VICTIM ASSISTANCE INITIATIVES
SEC. 201. PILOT PROGRAMS TO ENFORCE COMPLIANCE WITH STATE CRIME
VICTIM'S RIGHTS LAWS.
(a) Definitions.--In this section, the following definitions shall
apply:
(1) Compliance authority.--The term ``compliance
authority'' means 1 of the compliance authorities established
and operated under a program under subsection (b) to enforce
the rights of victims of crime.
(2) Director.--The term ``Director'' means the Director of
the Office for Victims of Crime.
(3) Office.--The term ``Office'' means the Office for
Victims of Crime.
(b) Pilot Programs.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Attorney General, acting through the
Director, shall establish and carry out a program to provide
for pilot programs in 5 States to establish and operate
compliance authorities to enforce the rights of victims of
crime.
(2) Agreements.--
(A) In general.--The Attorney General, acting
through the Director, shall enter into an agreement
with a State to conduct a pilot program referred to in
paragraph (1), which agreement shall provide for a
grant to assist the State in carrying out the pilot
program.
(B) Contents of agreement.--The agreement referred
to in subparagraph (A) shall specify that--
(i) the compliance authority shall be
established and operated in accordance with
this section; and
(ii) except with respect to meeting
applicable requirements of this section
concerning carrying out the duties of a
compliance authority under this section
(including the applicable reporting duties
under subsection (f) and the terms of the
agreement), a compliance authority shall
operate independently of the Office.
(C) No authority over daily operations.--The Office
shall have no supervisory or decisionmaking authority
over the day-to-day operations of a compliance
authority.
(c) Objectives.--
(1) Mission.--The mission of a compliance authority
established and operated under a pilot program under this
section shall be to promote compliance and effective
enforcement of State laws regarding the rights of victims of
crime.
(2) Duties.--A compliance authority established and
operated under a pilot program under this section shall--
(A) receive and investigate complaints relating to
the provision or violation of the rights of a crime
victim; and
(B) issue findings following such investigations.
(3) Other duties.--A compliance authority established and
operated under a pilot program under this section may--
(A) pursue legal actions to define or enforce the
rights of victims;
(B) review procedures established by public
agencies and private organizations that provide
services to victims, and evaluate the delivery of
services to victims by such agencies and organizations;
(C) coordinate and cooperate with other public
agencies and private organizations concerned with the
implementation, monitoring, and enforcement of the
rights of victims and enter into cooperative agreements
with such agencies and organizations for the
furtherance of the rights of victims;
(D) ensure a centralized location for victim
services information;
(E) recommend changes in State policies concerning
victims, including changes in the system for providing
victim services;
(F) provide public education, legislative advocacy,
and development of proposals for systemic reform; and
(G) advertise to advise the public of its services,
purposes, and procedures.
(d) Eligibility.--To be eligible to receive a grant under this
section, a State shall submit an application to the Director which
includes assurances that--
(1) the State has provided legal rights to victims of crime
at the adult and juvenile levels;
(2) a compliance authority that receives funds under this
section will include a role for--
(A) representatives of criminal justice agencies,
crime victim service organizations, and the educational
community;
(B) a medical professional whose work includes work
in a hospital emergency room; and
(C) a therapist whose work includes treatment of
crime victims; and
(3) Federal funds received under this section will be used
to supplement, and not to supplant, non-Federal funds that
would otherwise be available to enforce the rights of victims
of crime.
(e) Preference.--In awarding grants under this section, the
Attorney General shall give preference to a State that provides legal
standing to prosecutors and victims of crime to assert the rights of
victims of crime.
(f) Oversight.--
(1) Technical assistance.--The Director may provide
technical assistance and training to a State that receives a
grant under this section to achieve the purposes of this
section.
(2) Annual report.--Each State that receives a grant under
this section shall submit to the Director, for each year in
which funds from a grant received under this section are
expended, a report that contains--
(A) a summary of the activities carried out under
the grant;
(B) an assessment of the effectiveness of such
activities in promoting compliance and effective
implementation of the laws of that State regarding the
rights of victims of crime;
(C) a strategic plan for the year following the
year covered under subparagraph (A); and
(D) such other information as the Director may
require.
(g) Review of Program Effectiveness.--
(1) In general.--The Director of the National Institute for
Justice shall conduct an evaluation of the pilot programs
carried out under this section to determine the effectiveness
of the compliance authorities that are the subject of the pilot
programs in carrying out the mission and duties described in
subsection (c).
(2) Report.--Not later than 5 years after the date of
enactment of this Act, the Director of the National Institute
of Justice shall submit to the Committee on the Judiciary of
the House of Representatives and the Committee on the Judiciary
of the Senate a written report on the results of the evaluation
required by paragraph (1).
(h) Duration.--A grant under this section shall be made for a
period not longer than 4 years, but may be renewed for a period not to
exceed 2 years on such terms as the Director may require.
(i) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section, to remain available until expended--
(A) $5,000,000 for fiscal year 2004; and
(B) such sums as may be necessary for each of the
fiscal years 2005 and 2006.
(2) Evaluations.--Up to 5 percent of the amount authorized
to be appropriated under paragraph (1) in any fiscal year may
be used for administrative expenses incurred in conducting the
evaluations and preparing the report required by subsection
(g).
SEC. 202. INCREASED RESOURCES TO DEVELOP STATE-OF-THE-ART SYSTEMS FOR
NOTIFYING CRIME VICTIMS OF IMPORTANT DATES AND
DEVELOPMENTS.
The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is
amended by inserting after section 1404C the following:
``SEC. 1404D. VICTIM NOTIFICATION GRANTS.
``(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices,
law enforcement agencies, courts, jails, and correctional institutions,
and to qualified private entities, to develop and implement state-of-
the-art systems for notifying victims of crime of important dates and
developments relating to the criminal proceedings at issue on a timely
and efficient basis.
``(b) Integration of Systems.--Systems developed and implemented
under this section may be integrated with existing case management
systems operated by the recipient of the grant.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $10,000,000 for fiscal year 2004;
``(2) $5,000,000 for fiscal year 2005; and
``(3) $5,000,000 for fiscal year 2006.
``(d) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the `False Claims Act'), may
be used for grants under this section.''.
SEC. 203. RESTORATIVE JUSTICE GRANTS.
(a) Purposes.--The purposes of this section are to--
(1) hold juvenile offenders accountable for their offenses,
while ensuring the continuing safety of victims;
(2) involve victims and the community in the juvenile
justice process;
(3) obligate the offender to pay restitution to the victim
and to the community through community service or through
financial or other forms of restitution; and
(4) equip juvenile offenders with the skills needed to live
responsibly and productively.
(b) Authority To Make Grants.--The Office of Justice Programs of
the Department of Justice shall make grants, in accordance with such
regulations as the Attorney General may prescribe, to units of local
governments, tribal governments, and qualified private entities to
establish restorative justice programs, such as victim and offender
mediation, family and community conferences, family and group
conferences, sentencing circles, restorative panels, and reparative
boards, as an alternative to, or in addition to, incarceration.
(c) Program Criteria.--A program funded by a grant made under this
section shall--
(1) be fully voluntary by both the victim and the offender
(who must admit responsibility), once the prosecuting agency
has determined that the case is appropriate for this program;
(2) include as a critical component accountability
conferences, at which the victim will have the opportunity to
address the offender directly, to describe the impact of the
offense against the victim, and the opportunity to suggest
possible forms of restitution;
(3) require that conferences be attended by the victim, the
offender and, when possible, the parents or guardians of the
offender, and the arresting officer; and
(4) provide an early, individualized assessment and action
plan to each juvenile offender in order to prevent further
criminal behavior through the development of appropriate skills
in the juvenile offender so that the juvenile is more capable
of living productively and responsibly in the community.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $8,000,000 for fiscal year 2004; and
(2) $4,000,000 for each of the fiscal years 2005 and 2006.
SEC. 204. GRANTS TO DEVELOP INTERDISCIPLINARY COORDINATED SERVICE
PROGRAMS FOR VICTIMS OF CRIME.
The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is
amended by inserting after section 1404D, as added by section 202 of
this Act, the following:
``SEC. 1404E. INTERDISCIPLINARY COORDINATED SERVICE PROGRAMS.
``(a) In General.--The Director is authorized to award grants under
section 1404(c)(1)(A) to States, tribal governments, local governments,
and qualified public or private entities, to develop and implement
interdisciplinary coordinated service programs for victims of crime.
``(b) Definitions.--In this section, the following definitions
shall apply:
``(1) Interdisciplinary coordinated service program.--The
term `interdisciplinary coordinated service program' means a
case management program that coordinates the various systems
and programs that impact or assist victims of crime,
including--
``(A) the criminal justice system;
``(B) public or private victim assistance
organizations;
``(C) victim compensation programs;
``(D) public or private health care services;
``(E) public or private mental health services;
``(F) community-based victim service organizations;
``(G) public or private educational services,
including preschool, after-school care, and child care
programs; and
``(H) other public or private sources of services
or assistance to victims of crime.
``(2) Emergency interdisciplinary coordinated service
program.--The term `emergency interdisciplinary coordinated
service program' means an interdisciplinary coordinated service
program that responds to a community crisis.
``(3) Community crisis.--The term `community crisis' means
a single crime or multiple related crimes that have a wide
impact or serious consequences on a community.
``(4) Lead entity.--
``(A) In general.--The term `lead entity' means the
State, tribal government, local prosecutor's office, or
qualified public or private entity with experience
working across disciplines and agencies, that leads the
interdisciplinary coordinated service program or
emergency interdisciplinary coordinated service
program.
``(B) Responsibilities.--The lead entity is
responsible for distributing funds to any entities
collaborating on the interdisciplinary coordinated
service program or emergency interdisciplinary
coordinated service program, as necessary.
``(c) Mission.--The mission of a program developed and implemented
with a grant under this section shall be to--
``(1) streamline access to services by victims of crime;
``(2) eliminate barriers to services for victims of crime;
``(3) coordinate client services across disciplines to
assure continuity of care, including the use of technology to
link service providers to each other;
``(4) improve how victims of crime experience the criminal
justice system in order to promote cooperation and trust;
``(5) reduce duplication of effort in outreach and
provision of services to victims;
``(6) assist crime victims in avoiding unnecessary and
repetitive interviewing, retelling of victimization, and
completion of applications; and
``(7) improve service delivery through client input and
feedback.
``(d) Preference.--In awarding grants under this section, the
Director shall give preference to lead entities that collaborate with
the most comprehensive coalition of entities that impact or serve
victims of crime.
``(e) Oversight.--
``(1) Funding proposal.--The proposed distribution of
funding among the lead entity and any collaborating entities
shall be included in any grant application for funding.
``(2) Report.--Each lead entity that receives a grant under
this section shall submit to the Director, for each year in
which funds from a grant under this section are expended, a
report assessing the effectiveness of the emergency
interdisciplinary coordinated service program or the
interdisciplinary coordinated service program.
``(f) Review of Program Effectiveness.--
``(1) In general.--The Director of the National Institute
for Justice shall conduct an evaluation of the emergency
interdisciplinary coordinated service programs and the
interdisciplinary coordinated service programs carried out under this
section to determine the effectiveness and cost effectiveness of the
programs in carrying out the mission and duties described under
subsection (c).
``(2) Report.--Not later than 5 years after the date of
enactment of this Act, the Director of the National Institute
of Justice shall submit, to the Committees on the Judiciary of
the House of Representatives and the Senate, a written report
on the results of the evaluation required under paragraph (1).
``(g) Duration.--The Director shall award grants under this section
for a period not to exceed 4 years, but may renew the grant for a
period not to exceed 2 years on such terms as the Director may
reasonably require.
``(h) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated,
in addition to funds made available by section 1402(d)(4)(C)--
``(A) $6,000,000 for each of the fiscal years 2004
through 2007 for emergency interdisciplinary service
programs; and
``(B) $14,000,000 for each of the fiscal years 2004
through 2007 for interdisciplinary service programs.
``(2) Deadlines.--Funds appropriated for emergency
interdisciplinary service programs shall be made available by
the Director not later than 30 days after the date of the
community crisis and distributed not later than 120 days after
the date of the community crisis.
``(3) Transfer of unexpended funds.--All funds
appropriated, but not expended, for emergency interdisciplinary
service programs during each fiscal year shall be obligated to
interdisciplinary service programs for distribution in the
subsequent fiscal year and shall not be diverted to offset
increased spending.
``(4) Evaluation.--Funds appropriated pursuant to paragraph
(1) may be used to carry out the provisions under subsection
(f).
``(5) Maintenance of effort.--Funds appropriated pursuant
to this section shall be used to supplement, and not supplant,
non-Federal funds that would otherwise be available to support
interdisciplinary service programs and emergency
interdisciplinary service programs.
``(i) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the `False Claims Act'), may
be used for grants under this section.''.
SEC. 205. GRANTS FOR SERVICES TO CRIME VICTIMS WITH SPECIAL
COMMUNICATION NEEDS.
The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is
amended by inserting after section 1404E, as added by section 204 of
this Act, the following:
``SEC. 1404F. SERVICES TO VICTIMS WITH SPECIAL COMMUNICATION NEEDS.
``(a) In General.--The Director is authorized to award
demonstration grants under section 1404(c)(1)(A) to States, tribal
governments, local governments, and qualified public or private
entities to support the extension of services to victims with special
communication needs.
``(b) Mission.--The mission of a demonstration grant awarded under
this section shall be to expand the capacity of victim service
providers to serve crime victims with special communication needs
relating to limited English proficiency, hearing loss, or developmental
disabilities.
``(c) Use of Funds.--Activities funded under a demonstration grant
awarded under this section may include--
``(1) contracting with a telephonic interpreter service to
offer services to a specified pool of victim service providers,
at no additional cost to such service providers or at a
discounted rate;
``(2) the use of local interpreters;
``(3) the use of bilingual or multilingual victim advocates
or assistants;
``(4) foreign language classes and cultural competency
training for service providers;
``(5) translation of materials;
``(6) hearing assistance devices;
``(7) services to help individuals with developmental
disabilities understand court proceedings;
``(8) community outreach; and
``(9) other means to improve accessibility of victim
services for crime victims with special communication needs.
``(d) Task Forces.--
``(1) In general.--To be eligible to receive a grant under
this section, a State, tribal government, local government, or
qualified public or private entity shall have established a
task force to study needs and alternatives for promoting
greater access to services for crime victims with special
communication needs.
``(2) Membership.--The task force referred to in paragraph
(1) shall be composed of representatives of--
``(A) system and non-system based victim service
providers;
``(B) the predominant ethnic communities; and
``(C) individuals with severe hearing loss or
developmental disabilities.
``(3) Recommendations.--Each task force referred to in
paragraph (1) shall--
``(A) study the issues described under paragraph
(1) during the period of any grant awarded; and
``(B) make specific recommendations for
expenditures by the grant recipient.
``(e) Annual Report.--Each entity that receives a grant under this
section shall submit to the Director, for each year in which funds from
a grant received under this section are expended, a report containing--
``(1) a summary of the activities carried out under the
grant;
``(2) an assessment of the effectiveness of such activities
in extending services to previously unserved and underserved
victims of crime;
``(3) a strategic plan for the year following the year
covered under paragraph (1); and
``(4) such other information as the Director may require.
``(f) Duration.--The Director shall award demonstration grants
under this section for a period not to exceed 4 years, but may renew
the grant for a period not to exceed 2 years on such terms as the
Director may reasonably require.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, which shall remain available
until expended--
``(1) $500,000 for fiscal year 2004; and
``(2) $5,000,000 for each of the fiscal years 2005 through
2007.
``(h) False Claims Act.--Notwithstanding any other provision of
law, amounts collected pursuant to sections 3729 through 3731 of title
31, United States Code (commonly known as the `False Claims Act') may
be used for grants under this section.''.
TITLE III--AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984
SEC. 301. FORMULA FOR DISTRIBUTIONS FROM THE CRIME VICTIMS FUND.
(a) Formula for Fund Distributions.--Section 1402(c) of the Victims
of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended to read as
follows:
``(c) Fund Distribution; Retention of Sums in Fund; Availability
for Expenditure Without Fiscal Year Limitation.--
``(1)(A) Except as provided in subparagraphs (B) and (C),
the total amount to be distributed from the Fund in any fiscal
year shall be not less than 105 percent nor more than 115
percent of the total amount distributed from the Fund in the
previous fiscal year, provided that the amount shall at a
minimum be sufficient fully provide grants in accordance with
sections 1403(a)(1), 1404(a)(1), and 1404(c)(2).
``(B) In any fiscal year that there is an insufficient
amount in the Fund to fully provide grants in accordance with
subparagraph (A), the amounts made available for grants under
sections 1403(a), 1404(a), and 1404(c) shall be reduced by an
equal percentage.
``(C) In any fiscal year that the total amount available in
the Fund is more than 2 times the total amount distributed in
the previous fiscal year, up to 125 percent of the amount
distributed in the previous fiscal year may be distributed.
``(2) In each fiscal year, the Director shall distribute
amounts from the Fund in accordance with subsection (d).
Notwithstanding any other provision of law, all sums deposited
in the Fund that are not distributed shall remain in reserve in
the Fund for obligation in future fiscal years, without fiscal
year limitation.''.
(b) Establishment of Base Amount for Total Victim Assistance
Grants.--Section 1404(a)(1) of the Victims of Crime Act of 1984 (42
U.S.C. 10603(a)(1)) is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following:
``(B) Except as provided in section 1402(c)(1)(B), the
total amount distributed to States under this subsection in any
fiscal year shall not be less than the average amount
distributed for this purpose during the prior 3 fiscal
years.''.
(c) Establishment of Base Amount for OVC Discretionary Grants.--
Section 1404(c)(2) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(c)(2)) is amended by inserting after ``(2)'' the following:
``Except as provided in section 1402(c)(1)(B), the amount available for
grants under this subsection in any fiscal year shall not be less than
the average amount available for this purpose during the prior 3 fiscal
years.''.
SEC. 302. CLARIFICATION REGARDING ANTITERRORISM EMERGENCY RESERVE.
Section 1402(d)(5)(C) of the Victims of Crime Act of 1984 (42
U.S.C. 10601(d)(5)(C)) is amended by inserting ``, and any amounts used
to replenish such reserve,'' after ``any such amounts carried over''.
SEC. 303. PROHIBITION ON DIVERTING CRIME VICTIMS FUND TO OFFSET
INCREASED SPENDING.
(a) Purpose.--The purpose of this section is to ensure that amounts
deposited in the Crime Victims Fund (as established by section 1402(a)
of the Victims of Crime Act of 1984 (42 U.S.C. 10601(a)) are
distributed in a timely manner to assist victims of crime as intended
by current law and are not diverted to offset increased spending.
(b) Treatment of Crime Victims Fund.--Section 1402 of the Victims
of Crime Act of 1984 (42 U.S.C. 10601) is amended by adding at the end
the following:
``(h) For purposes of congressional points of order, the
Congressional Budget Act of 1974, and the Balanced Budget and Emergency
Deficit Control Act of 1985, any limitation on spending from the Fund
included in the President's budget or enacted in appropriations
legislation for fiscal year 2004 or any subsequent fiscal year shall
not be scored as discretionary savings.''.
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