[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 934 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 934

        To enhance rights and protections for victims of crime.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 1999

   Mr. Leahy (for himself, Mr. Kennedy, Mr. Sarbanes, Mr. Kerry, Mr. 
Harkin, and Mrs. Murray) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
        To enhance rights and protections for victims of crime.

    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''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                         TITLE I--VICTIM RIGHTS

         Subtitle A--Amendments to Title 18, United States Code

Sec. 101. Right to be notified of detention hearing and right to be 
                            heard on the issue of detention.
Sec. 102. Right to a speedy trial and prompt disposition free from 
                            unreasonable delay.
Sec. 103. Enhanced right to order of restitution.
Sec. 104. Enhanced right to be notified of escape or release from 
                            prison.
Sec. 105. Enhanced penalties for witness tampering.
     Subtitle B--Amendments to Federal Rules of Criminal Procedure

Sec. 121. Right to be notified of plea agreement and to be heard on 
                            merits of the plea agreement.
Sec. 122. Enhanced rights of notification and allocution at sentencing.
Sec. 123. Rights of notification and allocution at a probation 
                            revocation hearing.
           Subtitle C--Amendment to Federal Rules of Evidence

Sec. 131. Enhanced right to be present at trial.
                 Subtitle D--Remedies for Noncompliance

Sec. 141. Remedies for noncompliance.
                TITLE II--VICTIM ASSISTANCE INITIATIVES

Sec. 201. Increase in victim assistance personnel.
Sec. 202. Increased training for State and local law enforcement, State 
                            court personnel, and officers of the court 
                            to respond effectively to the needs of 
                            victims of crime.
Sec. 203. Increased resources for State and local law enforcement 
                            agencies, courts, and prosecutors' offices 
                            to develop state-of-the-art systems for 
                            notifying victims of crime of important 
                            dates and developments.
Sec. 204. Pilot programs to establish ombudsman programs for crime 
                            victims.
Sec. 205. Amendments to Victims of Crime Act of 1984.
Sec. 206. Services for victims of crime and domestic violence.
Sec. 207. Pilot program to study effectiveness of restorative justice 
                            approach on behalf of victims of crime.
Sec. 208. Victims of terrorism.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``Attorney General'' means the Attorney 
        General of the United States;
            (2) the term ``bodily injury'' has the meaning given that 
        term in section 1365(g) of title 18, United States Code;
            (3) the term ``Commission'' means the Commission on 
        Victims' Rights established under section 204;
            (4) the term ``Indian tribe'' has the same meaning as in 
        section 4(e) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(e));
            (5) the term ``Judicial Conference'' means the Judicial 
        Conference of the United States established under section 331 
        of title 28, United States Code;
            (6) the term ``law enforcement officer'' means an 
        individual authorized by law to engage in or supervise the 
        prevention, detection, investigation, or prosecution of any 
        violation of law, and includes corrections, probation, parole, 
        and judicial officers;
            (7) the term ``Office of Victims of Crime'' means the 
        Office of Victims of Crime of the Department of Justice;
            (8) the term ``State'' means each of the several States of 
        the United States, the District of Columbia, the Commonwealth 
        of Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
        the Commonwealth of the Northern Mariana Islands;
            (9) the term ``unit of local government'' means any--
                    (A) city, county, township, town, borough, parish, 
                village, or other general purpose political subdivision 
                of a State; or
                    (B) Indian tribe;
            (10) the term ``victim''--
                    (A) means an individual harmed as a result of a 
                commission of an offense; and
                    (B) in the case of a victim who is less than 18 
                years of age, incompetent, incapacitated, or deceased--
                            (i) the legal guardian of the victim;
                            (ii) a representative of the estate of the 
                        victim;
                            (iii) a member of the family of the victim; 
                        or
                            (iv) any other person appointed by the 
                        court to represent the victim, except that in 
                        no event shall a defendant be appointed as the 
                        representative or guardian of the victim; and
            (11) the term ``qualified private entity'' means a private 
        entity that meets such requirements as the Attorney General may 
        establish.

                         TITLE I--VICTIM RIGHTS

         Subtitle A--Amendments to Title 18, United States Code

SEC. 101. RIGHT TO BE NOTIFIED OF DETENTION HEARING AND RIGHT TO BE 
              HEARD ON THE ISSUE OF DETENTION.

    Section 3142 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(k) Notification of Right To Be Heard.--
            ``(1) In general.--In any case involving a defendant who is 
        arrested for an offense involving death or bodily injury to any 
        person, a threat of death or bodily injury to any person, a 
        sexual assault, or an attempted sexual assault, in which a 
        detention hearing is scheduled pursuant to subsection (f)--
                    ``(A) the Government shall make a reasonable effort 
                to notify the victim of the hearing, and of the right 
                of the victim to be heard on the issue of detention; 
                and
                    ``(B) at the hearing under subsection (f), the 
                court shall inquire of the Government as to whether the 
                efforts at notification of the victim under 
                subparagraph (A) were successful and, if so, whether 
                the victim wishes to be heard on the issue of detention 
                and, if so, shall afford the victim such an 
                opportunity.
            ``(2) Limitation.--Upon motion of either party that 
        identification of the defendant by the victim is a fact in 
        dispute, and that no means of verification has been attempted, 
        the Court shall use appropriate measures to protect integrity 
        of the identification process.
            ``(3) Definition of victim.--In this subsection, the term 
        `victim' means any individual against whom an offense involving 
        death or bodily injury to any person, a threat of death or 
        bodily injury to any person, a sexual assault, or an attempted 
        sexual assault, has been committed and also includes the parent 
        or legal guardian of a victim who is less than 18 years of age, 
        or incompetent, or 1 or more family members designated by the 
        court if the victim is deceased or incapacitated.''.

SEC. 102. RIGHT TO A SPEEDY TRIAL AND PROMPT DISPOSITION FREE FROM 
              UNREASONABLE DELAY.

    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 (or the family of a 
        victim who is deceased or incapacitated) in the prompt and 
        appropriate disposition of the case, free from unreasonable 
        delay.''.

SEC. 103. ENHANCED RIGHT TO ORDER OF RESTITUTION.

    Section 3664(d)(2)(A)(iv) of title 18, United States Code, is 
amended by inserting ``, and the right of the victim (or the family of 
a victim who is deceased or incapacitated) to attend the sentencing 
hearing and to make a statement to the court at the sentencing 
hearing'' before the semicolon.

SEC. 104. ENHANCED RIGHT TO BE NOTIFIED OF ESCAPE OR RELEASE FROM 
              PRISON.

    Section 503(c)(5)(B) of the Victims' Rights and Restitution Act of 
1990 (42 U.S.C. 10607(c)(5)(B)) is amended by inserting after 
``offender'' the following: ``, including escape, work release, 
furlough, or any other form of release from a psychiatric institution 
or other facility that provides mental health services to offenders''.

SEC. 105. ENHANCED PENALTIES FOR WITNESS TAMPERING.

    Section 1512 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``as provided in 
                paragraph (2)'' and inserting ``as provided in 
                paragraph (3)'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Whoever uses physical force or the threat of physical 
        force, or attempts to do so, with intent to--
                    ``(A) influence, delay, or prevent the testimony of 
                any person in an official proceeding;
                    ``(B) cause or induce any person to--
                            ``(i) withhold testimony, or withhold a 
                        record, document, or other object, from an 
                        official proceeding;
                            ``(ii) alter, destroy, mutilate, or conceal 
                        an object with intent to impair the object's 
                        integrity or availability for use in an 
                        official proceeding;
                            ``(iii) evade legal process summoning that 
                        person to appear as a witness, or to produce a 
                        record, document, or other object, in an 
                        official proceeding; and
                            ``(iv) be absent from an official 
                        proceeding to which such person has been 
                        summoned by legal process; or
                    ``(C) hinder, delay, or prevent the communication 
                to a law enforcement officer or judge of the United 
                States of information relating to the commission or 
                possible commission of a Federal offense or a violation 
                of conditions of probation, parole, or release pending 
                judicial proceedings;
        shall be punished as provided in paragraph (3).''; and
                    (D) in paragraph (3)(B), as redesignated, by 
                striking ``in the case of'' and all that follows before 
                the period and inserting ``an attempt to murder, the 
                use of physical force, the threat of physical force, or 
                an attempt to do so, imprisonment for not more than 20 
                years''; and
            (2) in subsection (b), by striking ``or physical force''.

     Subtitle B--Amendments to Federal Rules of Criminal Procedure

SEC. 121. RIGHT TO BE NOTIFIED OF PLEA AGREEMENT AND TO BE HEARD ON 
              MERITS OF THE PLEA AGREEMENT.

    (a) In General.--Rule 11 of the Federal Rules of Criminal Procedure 
is amended by adding at the end the following:
    ``(i) Rights of Victims.--
            ``(1) In general.--In any case involving a defendant who is 
        charged with an offense involving death or bodily injury to any 
        person, a threat of death or bodily injury to any person, a 
        sexual assault, or an attempted sexual assault--
                    ``(A) the Government, prior to a hearing at which a 
                plea of guilty or nolo contendere is entered, shall 
                make a reasonable effort to notify the victim of--
                            ``(i) the date and time of the hearing; and
                            ``(ii) the right of the victim to attend 
                        the hearing and to address the court; and
                    ``(B) if the victim attends a hearing described in 
                subparagraph (A), the court, before accepting a plea of 
                guilty or nolo contendere, shall afford the victim an 
                opportunity to be heard on the proposed plea agreement.
            ``(2) Definition of victim.--In this subsection, the term 
        `victim' means any individual against whom an offense involving 
        death or bodily injury to any person, a threat of death or 
        bodily injury to any person, a sexual assault, or an attempted 
        sexual assault, has been committed and also includes the parent 
        or legal guardian of a victim who is less than 18 years of age, 
        or incompetent, or 1 or more family members designated by the 
        court if the victim is deceased or incapacitated.
            ``(4) Mass victim cases.--In any case involving more than 
        15 victims, the court, after consultation with the Government 
        and the victims, may appoint a number of victims to serve as 
        representatives of the victims' interests.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) 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 shall submit to Congress a report containing 
                recommendations for amending the Federal Rules of 
                Criminal Procedure to provide enhanced opportunities 
                for victims of offenses involving death or bodily 
                injury to any person, the threat of death or bodily 
                injury to any person, a sexual assault, or an attempted 
                sexual assault, 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 under 
                this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendment made by subsection (a), then the 
                amendment made by subsection (a) 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 amendment made by subsection (a), 
                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 
                amendment made by subsection (a) 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 United States Sentencing Commission 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

SEC. 122. ENHANCED RIGHTS OF NOTIFICATION AND ALLOCUTION AT SENTENCING.

    (a) In General.--Rule 32 of the Federal Rules of Criminal Procedure 
is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4), by striking subparagraph (D) 
                and inserting the following:
                    ``(D) a victim impact statement, identifying, to 
                the maximum extent practicable--
                            ``(i) each victim of the offense (except 
                        that such identification shall not include 
                        information relating to any telephone number, 
                        place of employment, or residential address of 
                        any victim);
                            ``(ii) an itemized account of any economic 
                        loss suffered by each victim as a result of the 
                        offense;
                            ``(iii) any physical injury suffered by 
                        each victim as a result of the offense, along 
                        with its seriousness and permanence;
                            ``(iv) a description of any change in the 
                        personal welfare or familial relationships of 
                        each victim as a result of the offense; and
                            ``(v) a description of the impact of the 
                        offense upon each victim and the recommendation 
                        of each victim regarding an appropriate 
                        sanction for the defendant;''; and
                    (B) by adding at the end the following:
            ``(7) Victim impact statements.--
                    ``(A) In general.--Any probation officer preparing 
                a presentence report shall--
                            ``(i) make a reasonable effort to notify 
                        each victim of the offense that such a report 
                        is being prepared and the purpose of such 
                        report; and
                            ``(ii) provide the victim with an 
                        opportunity to submit an oral or written 
                        statement, or a statement on audio or videotape 
                        outlining the impact of the offense upon the 
                        victim.
                    ``(B) Use of statements.--Any written statement 
                submitted by a victim under subparagraph (A) shall be 
                attached to the presentence report and shall be 
                provided to the sentencing court and to the parties.'';
            (2) in subsection (c)(1), by adding at the end the 
        following: ``Before sentencing in any case in which a defendant 
        has been charged with or found guilty of an offense involving 
        death or bodily injury to any person, a threat of death or 
        bodily injury to any person, a sexual assault, or an attempted 
        sexual assault, the Government shall make a reasonable effort 
        to notify the victim (or the family of a victim who is 
        deceased) of the time and place of sentencing and of their 
        right to attend and to be heard.''; and
            (3) in subsection (f), by inserting ``the right to 
        notification and to submit a statement under subdivision 
        (b)(7), the right to notification and to be heard under 
        subdivision (c)(1), and'' before ``the right of allocution''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        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 shall submit to Congress a report containing 
                recommendations for amending the Federal Rules of 
                Criminal Procedure to provide enhanced opportunities 
                for victims of offenses involving death or bodily 
                injury to any person, the threat of death or bodily 
                injury to any person, a sexual assault, or an attempted 
                sexual assault, to participate during the presentencing 
                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 under 
                this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference--
                    (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 (a), then the 
                amendments made by subsection (a) 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 (a), 
                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 (a) 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 United States Sentencing Commission 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

SEC. 123. RIGHTS OF NOTIFICATION AND ALLOCUTION AT A PROBATION 
              REVOCATION HEARING.

    (a) In General.--Rule 32.1 of the Federal Rules of Criminal 
Procedure is amended by adding at the end the following:
    ``(d) Rights of Victims.--
            ``(1) In general.--At any hearing pursuant to subsection 
        (a)(2) involving one or more persons who have been convicted of 
        an offense involving death or bodily injury to any person, a 
        threat of death or bodily injury to any person, a sexual 
        assault, or an attempted sexual assault, the Government shall 
        make reasonable effort to notify the victim of the offense (and 
        the victim of any new charges giving rise to the hearings), 
        of--
                    ``(A) the date and time of the hearing; and
                    ``(B) the right of the victim to attend the hearing 
                and to address the court regarding whether the terms or 
                conditions of probation or supervised release should be 
                modified.
            ``(2) Duties of court at hearing.--At any hearing described 
        in paragraph (1) at which a victim is present, the court 
        shall--
                    ``(A) address each victim personally; and
                    ``(B) afford the victim an opportunity to be heard 
                on the proposed terms or conditions of probation or 
                supervised release.
            ``(3) Definition of victim.--In this rule, the term 
        `victim' means any individual against whom an offense involving 
        death or bodily injury to any person, a threat of death or 
        bodily injury to any person, a sexual assault, or an attempted 
        sexual assault, has been committed and a hearing pursuant to 
        subsection (a)(2) is conducted, including--
                    ``(A) a parent or legal guardian of the victim, if 
                the victim is less than 18 years of age or is 
                incompetent; or
                    ``(B) 1 or more family members or relatives of the 
                victim designated by the court, if the victim is 
                deceased or incapacitated.''.
    (b) Effective Date.--
            (1) In general.--The amendment made by subsection (a) 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 shall submit to Congress a report containing 
                recommendations for amending the Federal Rules of 
                Criminal Procedure to ensure that reasonable efforts 
                are made to notify victims of offenses involving death 
                or bodily injury to any person, or the threat of death 
                or bodily injury to any person, of any revocation 
                hearing held pursuant to rule 32.1(a)(2) of the Federal 
                Rules of Criminal Procedure.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference under 
                this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendment made by subsection (a), then the 
                amendment made by subsection (a) 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 amendment made by subsection (a), 
                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 
                amendment made by subsection (a) 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 United States Sentencing Commission 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

           Subtitle C--Amendment to Federal Rules of Evidence

SEC. 131. ENHANCED RIGHT TO BE PRESENT AT TRIAL.

    (a) In General.--Rule 615 of the Federal Rules of Evidence is 
amended--
            (1) by striking ``At the request'' and inserting the 
        following:
    ``(a) In General.--Except as provided in subsection (b), at the 
request'';
            (2) by striking ``This rule'' and inserting the following:
    ``(b) Exceptions.--Subsection (a)'';
            (3) by striking ``exclusion of (1) a party'' and inserting 
        the following: ``exclusion of--
            ``(1) a party'';
            (4) by striking ``person, or (2) an officer'' and inserting 
        the following: ``person;
            ``(2) an officer'';
            (5) by striking ``attorney, or (3) a person'' and inserting 
        the following: ``attorney;
            ``(3) a person'';
            (6) by striking the period at the end and inserting ``; 
        or''; and
            (7) by adding at the end the following:
            ``(4) a person who is a victim (or a member of the 
        immediate family of a victim who is deceased or incapacitated) 
        of an offense involving death or bodily injury to any person, a 
        threat of death or bodily injury to any person, a sexual 
        assault, or an attempted sexual assault, for which a defendant 
        is being tried in a criminal trial, unless the court concludes 
        that--
                    ``(A) the testimony of the person will be 
                materially affected by hearing the testimony of other 
                witnesses, and the material effect of hearing the 
                testimony of other witnesses on the testimony of that 
                person will result in unfair prejudice to any party; or
                    ``(B) due to the large number of victims or family 
                members of victims who may be called as witnesses, 
                permitting attendance in the courtroom itself when 
                testimony is being heard is not feasible.
    ``(c) Discretion of Court; Effect on Other Law.--Nothing in 
subsection (b)(4) shall be construed--
            ``(1) to limit the ability of a court to exclude a witness, 
        if the court determines that such action is necessary to 
        maintain order during a court proceeding; or
            ``(2) to limit or otherwise affect the ability of a witness 
        to be present during court proceedings pursuant to section 3510 
        of title 18, United States Code.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by subsection (a) 
        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 shall submit to Congress a report containing 
                recommendations for amending the Federal Rules of 
                Evidence to provide enhanced opportunities for victims 
                of offenses involving death or bodily injury to any 
                person, or the threat of death or bodily injury to any 
                person, to attend judicial proceedings, even if they 
                may testify as a witness at the proceeding.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference under 
                this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference--
                    (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 (a), then the 
                amendments made by subsection (a) 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 (a), 
                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 (a) 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 United States Sentencing Commission 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

                 Subtitle D--Remedies for Noncompliance

SEC. 141. REMEDIES FOR NONCOMPLIANCE.

    (a) General Limitation.--Any failure to comply with any amendment 
made by this Act shall not give rise to a claim for damages, or any 
other action against the United States, or any employee of the United 
States, any court official or officer of the court, or an entity 
contracting with the United States, or any action seeking a rehearing 
or other reconsideration of action taken in connection with a 
defendant.
    (b) Regulations To Ensure Compliance.--
            (1) In general.--Notwithstanding subsection (a), not later 
        than 1 year after the date of enactment of this Act, the 
        Attorney General and the Chairman of the United States Parole 
        Commission shall promulgate regulations to implement and 
        enforce the amendments made by this title.
            (2) Contents.--The regulations promulgated under paragraph 
        (1) shall--
                    (A) contain disciplinary sanctions, including 
                suspension or termination from employment, for 
                employees of the Department of Justice (including 
                employees of the United States Parole Commission) who 
                willfully or repeatedly violate the amendments made by 
                this title, or willfully or repeatedly refuse or fail 
                to comply with provisions of Federal law pertaining to 
                the treatment of victims of crime;
                    (B) include an administrative procedure through 
                which parties can file formal complaints with the 
                Department of Justice alleging violations of the 
                amendments made by this title;
                    (C) provide that a complainant is prohibited from 
                recovering monetary damages against the United States, 
                or any employee of the United States, either in his 
                official or personal capacity; and
                    (D) provide that the Attorney General, or the 
                designee of the Attorney General, shall the ultimate 
                arbiter of the complaint, and there shall be no 
                judicial review of the final decision of the Attorney 
                General by a complainant.

                TITLE II--VICTIM ASSISTANCE INITIATIVES

SEC. 201. INCREASE IN VICTIM ASSISTANCE PERSONNEL.

    There are authorized to be appropriated such sums as may be 
necessary to enable the Attorney General to--
            (1) hire 50 full-time or full-time equivalent employees to 
        serve victim-witness advocates to provide assistance to victims 
        of any criminal offense investigated by any department or 
        agency of the Federal Government; and
            (2) provide grants through the Office of Victims of Crime 
        to qualified private entities to fund 50 victim-witness 
        advocate positions within those organizations.

SEC. 202. INCREASED TRAINING FOR STATE AND LOCAL LAW ENFORCEMENT, STATE 
              COURT PERSONNEL, AND OFFICERS OF THE COURT TO RESPOND 
              EFFECTIVELY TO THE NEEDS OF VICTIMS OF CRIME.

    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 by the Office 
of Victims of Crime to make grants to States, units of local 
government, and qualified private entities, to provide training and 
information to prosecutors, judges, law enforcement officers, probation 
officers, and other officers and employees of Federal and State courts 
to assist them in responding effectively to the needs of victims of 
crime.

SEC. 203. INCREASED RESOURCES FOR STATE AND LOCAL LAW ENFORCEMENT 
              AGENCIES, COURTS, AND PROSECUTORS' OFFICES TO DEVELOP 
              STATE-OF-THE-ART SYSTEMS FOR NOTIFYING VICTIMS OF CRIME 
              OF IMPORTANT DATES AND DEVELOPMENTS.

    (a) In General.--Subtitle A of title XXIII of the Violent Crime 
Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 
2077) is amended by adding at the end the following:

``SEC. 230103. STATE-OF-THE-ART SYSTEMS FOR NOTIFYING VICTIMS OF CRIME 
              OF IMPORTANT DATES AND DEVELOPMENTS.

    ``(a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Office of Victims of Crime of the Department of 
Justice such sums as may be necessary for grants to State and local 
prosecutors' offices, State courts, county jails, State correctional 
institutions, and 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.
    ``(b) 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.''.
    (b) Violent Crime Reduction Trust Fund.--Section 310004(d) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
14214(d)) is amended--
            (1) in the first paragraph designated as paragraph (15) 
        (relating to the definition of the term ``Federal law 
        enforcement program''), by striking ``and'' at the end;
            (2) in the first paragraph designated as paragraph (16) 
        (relating to the definition of the term ``Federal law 
        enforcement program''), by striking the period at the end and 
        inserting ``; and''; and
            (3) by inserting after the first paragraph designated as 
        paragraph (16) (relating to the definition of the term 
        ``Federal law enforcement program'') the following:
            ``(17) section 230103.''.

SEC. 204. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN PROGRAMS FOR CRIME 
              VICTIMS.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the Office of Victims of Crime.
            (2) Office.--The term ``Office'' means the Office of 
        Victims of Crime.
            (3) Qualified private entity.--The term ``qualified private 
        entity'' means a private entity that meets such requirements as 
        the Attorney General, acting through the Director, may 
        establish.
            (4) Qualified unit of state or local government.--The term 
        ``qualified unit of State or local government'' means a unit or 
        a State or local government that meets such requirements as the 
        Attorney General, acting through the Director, may establish.
            (5) VOICE centers.--The term ``VOICE Centers'' means the 
        Victim Ombudsman Information Centers established under the 
        program under subsection (b).
    (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 to establish and operate Victim Ombudsman 
        Information Centers in each of the following States:
                    (A) Iowa.
                    (B) Massachusetts.
                    (C) Ohio.
                    (D) Tennessee.
                    (E) Utah.
                    (F) Vermont.
            (2) Agreements.--
                    (A) In general.--The Attorney General, acting 
                through the Director, shall enter into an agreement 
                with a qualified private entity or unit of State or 
                local government to conduct a pilot program referred to 
                in paragraph (1). Under the agreement, the Attorney 
                General, acting through the Director, shall provide for 
                a grant to assist the qualified private entity or unit 
                of State or local government in carrying out the pilot 
                program.
                    (B) Contents of agreement.--The agreement referred 
                to in subparagraph (A) shall specify that--
                            (i) the VOICE Center shall be established 
                        in accordance with this section; and
                            (ii) except with respect to meeting 
                        applicable requirements of this section 
                        concerning carrying out the duties of a VOICE 
                        Center under this section (including the 
                        applicable reporting duties under subsection 
                        (c) and the terms of the agreement) each VOICE 
                        Center shall operate independently of the 
                        Office; and
                    (C) No authority over daily operations.--The Office 
                shall have no supervisory or decisionmaking authority 
                over the day-to-day operations of a VOICE Center.
    (c) Objectives.--
            (1) Mission.--The mission of each VOICE Center established 
        under a pilot program under this section shall be to assist a 
        victim of a Federal or State crime to ensure that the victim--
                    (A) is fully apprised of the rights of that victim 
                under applicable Federal or State law; and
                    (B) participates in the criminal justice process to 
                the fullest extent of the law.
            (2) Duties.--The duties of a VOICE Center shall include--
                    (A) providing information to victims of Federal or 
                State crime regarding the right of those victims to 
                participate in the criminal justice process (including 
                information concerning any right that exists under 
                applicable Federal or State law);
                    (B) identifying and responding to situations in 
                which the rights of victims of crime under applicable 
                Federal or State law may have been violated;
                    (C) attempting to facilitate compliance with 
                Federal or State law referred to in subparagraph (B);
                    (D) educating police, prosecutors, Federal and 
                State judges, officers of the court, and employees of 
                jails and prisons concerning the rights of victims 
                under applicable Federal or State law; and
                    (E) taking measures that are necessary to ensure 
                that victims of crime are treated with fairness, 
                dignity, and compassion throughout the criminal justice 
                process.
    (d) Oversight.--
            (1) Technical assistance.--The Office may provide technical 
        assistance to each VOICE Center.
            (2) Annual report.--Each qualified private entity or 
        qualified unit of State or local government that carries out a 
        pilot program to establish and operate a VOICE Center under 
        this section shall prepare and submit to the Director, not 
        later than 1 year after the VOICE Center is established, and 
        annually thereafter, a report that--
                    (A) describes in detail the activities of the VOICE 
                Center during the preceding year; and
                    (B) outlines a strategic plan for the year 
                following the year covered under subparagraph (A).
    (e) Review of Program Effectiveness.--
            (1) GAO study.--Not later than 2 years after the date on 
        which each VOICE Center established under a pilot program under 
        this section is fully operational, the Comptroller General of 
the United States shall conduct a review of each pilot program carried 
out under this section to determine the effectiveness of the VOICE 
Center that is the subject of the pilot program in carrying out the 
mission and duties described in subsection (c).
            (2) Other studies.--Not later than 2 years after the date 
        on which each VOICE Center established under a pilot program 
        under this section is fully operational, the Attorney General, 
        acting through the Director, shall enter into an agreement with 
        1 or more private entities that meet such requirements the 
        Attorney General, acting through the Director, may establish, 
        to study the effectiveness of each VOICE Center established by 
        a pilot program under this section in carrying out the mission 
        and duties described in subsection (c).
    (f) Termination Date.--
            (1) In general.--Except as provided in paragraph (2), a 
        pilot program established under this section shall terminate on 
        the date that is 4 years after the date of enactment of this 
        Act.
            (2) Renewal.--If the Attorney General determines that any 
        of the pilot programs established under this section should be 
        renewed for an additional period, the Attorney General may 
        renew that pilot program for a period not to exceed 2 years.
    (g) Funding.--Notwithstanding any other provision of law, an 
aggregate amount not to exceed $5,000,000 of the amounts collected 
pursuant to sections 3729 through 3731 of title 31, United States Code 
(commonly known as the ``False Claims Act''), may be used by the 
Director to make grants under subsection (b).

SEC. 205. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.

    (a) Crime Victims Fund.--Section 1402 of the Victims of Crime Act 
of 1984 (42 U.S.C. 10601) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (3), by striking ``and'' at the 
                end;
                    (B) in paragraph (4), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(5) any gifts, bequests, and donations from private 
        entities or individuals.''; and
            (2) in subsection (d)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) All unobligated balances transferred to the judicial 
        branch for administrative costs to carry out functions under 
        sections 3611 and 3612 of title 18, United States Code, shall 
        be returned to the Crime Victims Fund and may be used by the 
        Director to improve services for crime victims in the Federal 
        criminal justice system.''; and
                    (B) in paragraph (4), by adding at the end the 
                following:
            ``(C) States that receive supplemental funding to respond 
        to incidents of terrorism or mass violence under this section 
        shall be required to return to the Crime Victims Fund for 
        deposit in the reserve fund, amounts subrogated to the State as 
        a result of third-party payments to victims.''.
    (b) Crime Victim Compensation.--Section 1403 of the Victims of 
Crime Act of 1984 (42 U.S.C. 10602) is amended--
            (1) in subsection (a)--
                    (A) in each of paragraphs (1) and (2), by striking 
                ``40'' and inserting ``60''; and
                    (B) in paragraph (3), by inserting ``and 
                evaluation'' after ``administration''; and
            (2) in subsection (b)(7), by inserting ``because the 
        identity of the offender was not determined beyond a reasonable 
        doubt in a criminal trial, because criminal charges were not 
        brought against the offender, or'' after ``deny compensation to 
        any victim''.
    (c) Crime Victim Assistance.--Section 1404 of the Victims of Crime 
Act of 1984 (42 U.S.C. 10603) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking the comma after 
                        ``Director'';
                            (ii) by inserting ``or enter into 
                        cooperative agreements'' after ``make grants'';
                            (iii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) for demonstration projects, evaluation, 
                training, and technical assistance services to eligible 
                organizations;'';
                            (iv) in subparagraph (B), by striking the 
                        period at the end and inserting
                        ``; and''; and
                            (v) by adding at the end the following:
                    ``(C) training and technical assistance that 
                address the significance of and effective delivery 
                strategies for providing long-term psychological 
                care.''; and
                    (B) in paragraph (3)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (D), by striking the 
                        period at the end and inserting
                        ``; and''; and
                            (iii) by adding at the end the following:
                    ``(E) use funds made available to the Director 
                under this subsection--
                            ``(i) for fellowships and clinical 
                        internships; and
                            ``(ii) to carry out programs of training 
                        and special workshops for the presentation and 
                        dissemination of information resulting from 
                        demonstrations, surveys, and special 
                        projects.''; and
            (2) in subsection (d)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) the term `State' includes--
                    ``(A) the District of Columbia, the Commonwealth of 
                Puerto Rico, the United States Virgin Islands, and any 
                other territory or possession of the United States; and
                    ``(B) for purposes of a subgrant under subsection 
                (a)(1) or a grant or cooperative agreement under 
                subsection (c)(1), the United States Virgin Islands and 
                any agency of the government of the District of 
                Columbia or the Federal Government performing law 
                enforcement functions in and on behalf of the District 
                of Columbia.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (C), by striking 
                        ``and'' at the end; and
                            (ii) by adding at the end the following:
                    ``(E) public awareness and education and crime 
                prevention activities that promote, and are conducted 
                in conjunction with, the provision of victim 
                assistance; and
                    ``(F) for purposes of an award under subsection 
                (c)(1)(A), preparation, publication, and distribution 
                of informational materials and resources for victims of 
                crime and crime victims organizations.'';
                    (C) by striking paragraph (4) and inserting the 
                following:
            ``(4) the term `crisis intervention services' means 
        counseling and emotional support including mental health 
        counseling, provided as a result of crisis situations for 
        individuals, couples, or family members following and related 
        to the occurrence of crime;'';
                    (D) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(6) for purposes of an award under subsection (c)(1), the 
        term `eligible organization' includes any--
                    ``(A) national or State organization with a 
                commitment to developing, implementing, evaluating, or 
                enforcing victims' rights and the delivery of services;
                    ``(B) State agency or unit of local government;
                    ``(C) tribal organization;
                    ``(D) organization--
                            ``(i) described in section 501(c) of the 
                        Internal Revenue Code of 1986; and
                            ``(ii) exempt from taxation under section 
                        501(a) of such Code; or
                    ``(E) other entity that the Director determines to 
                be appropriate.''.
    (d) Compensation and Assistance to Victims of Terrorism of Mass 
Violence.--Section 1404B of the Victims of Crime Act of 1984 (42 U.S.C. 
10603b) is amended--
            (1) in subsection (a), by striking ``1404(a)'' and 
        inserting ``1402(d)(4)(B)''; and
            (2) in subsection (b), by striking ``1404(d)(4)(B)'' and 
        inserting ``1402(d)(4)(B)''.

SEC. 206. SERVICES FOR VICTIMS OF CRIME AND DOMESTIC VIOLENCE.

    Section 504 of the Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 1996 (110 Stat. 
1321-53) may not be construed to prohibit a recipient (as that term is 
used in that section) from using funds derived from a source other than 
the Legal Services Corporation to provide related legal assistance (as 
defined in section 502(b) of Public Law 105-119 (111 Stat. 2511)) to 
any person with whom an alien (as that term is used in subsection 
(a)(11) of that section) has a relationship covered by the domestic 
violence laws of the State in which the alien resides or in which an 
incidence of violence occurred.

SEC. 207. PILOT PROGRAM TO STUDY EFFECTIVENESS OF RESTORATIVE JUSTICE 
              APPROACH ON BEHALF OF VICTIMS OF CRIME.

    (a) In General.--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 by the Office of Victims of Crime to make grants to States, units 
of local government, and qualified private entities for the 
establishment of pilot programs that implement balanced and restorative 
justice models.
    (b) Definition of Balanced and Restorative Justice Model.--In this 
section, the term ``balanced and restorative justice model'' means an 
approach to criminal justice that promotes the maximum degree of 
involvement by a victim, offender, and the community served by a 
criminal justice system by allowing the criminal justice system and 
related criminal justice agencies to improve the capacity of the system 
and agencies to--
            (1) protect the community served by the system and 
        agencies; and
            (2) ensure accountability of the offender and the system.

SEC. 208. VICTIMS OF TERRORISM.

    (a) In General.--Section 1404B of the Victims of Crime Act of 1984 
(42 U.S.C. 10603b) is amended to read as follows:

``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR 
              MASS VIOLENCE.

    ``(a) In General.--The Director may make grants, as provided in 
either section 1402(d)(4)(B) or 1404--
            ``(1) to States, which shall be used for eligible crime 
        victim compensation and assistance programs for the benefit of 
        victims described in subsection (b); and
            ``(2) to victim service organizations, and public agencies 
        that provide emergency or ongoing assistance to victims of 
        crime, which shall be used to provide, for the benefit of 
        victims described in subsection (b)--
                    ``(A) emergency relief (including compensation, 
                assistance, and crisis response) and other related 
                victim services; and
                    ``(B) emergency response training and technical 
                assistance.
    ``(b) Victims Described.--Victims described in this subsection are 
victims of a terrorist act or mass violence, whether occurring within 
or outside the United States, who are--
            ``(1) citizens or employees of the United States; and
            ``(2) not eligible for compensation under title VIII of the 
        Omnibus Diplomatic Security and Antiterrorism Act of 1986.''.
    (b) Applicability.--The amendment made by this section applies to 
any terrorist act or mass violence occurring on or after December 20, 
1989.
                                 <all>