[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 783 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 783
To enhance the rights of victims in the criminal justice system, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 26, 2001
Mr. Leahy (for himself, Mr. Kennedy, Mr. Feingold, Mrs. Murray, Mr.
Johnson, Mr. Schumer, and Mr. Harkin) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To enhance the rights of victims in the criminal justice system, 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 2001''.
(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.
Sec. 107. Right to notice concerning discharge from psychiatric
facility
Sec. 108. Right to notice concerning executive clemency.
Sec. 109. 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. Funding for Federal victim assistance personnel.
TITLE III--VICTIMS OF CRIME ACT AMENDMENTS
Sec. 301. Crime victims fund.
Sec. 302. Crime victim compensation.
Sec. 303. Crime victim assistance.
Sec. 304. Victims of terrorism.
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.''.
(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
10607(e)(2) of title 42, United States Code) 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;
``(D) whether time is of the essence in negotiating
or entering a proposed plea; and
``(E) whether the victim is a possible witness in
the case and the effect that relaying any information
may have upon the right of the defendant to a fair
trial.''.
(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), then 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 thereunder.
``(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 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 striking paragraph (4) and inserting the following:
``(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), by striking ``if the sentence
is to be imposed for a crime of violence or sexual abuse,'';
and
(2) by amending subdivision (f) to read as follows:
``(f) Definition. For purposes of this rule, `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 below the
age of eighteen years or incompetent; or
``(2) one 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), then 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.
Paragraph (6) of section 503(c) of the Victims' Rights and
Restitution Act of 1990, as redesignated by section 103 of this Act, is
amended by striking subparagraph (A) and inserting:
``(A) the scheduling of a parole hearing or a
hearing on modification of probation or supervised
release for the offender;''.
SEC. 107. RIGHT TO NOTICE CONCERNING DISCHARGE FROM PSYCHIATRIC
FACILITY.
Paragraph (6) of section 503(c) of the Victims' Rights and
Restitution Act of 1990, as redesignated by section 103 of this Act, is
amended by striking subparagraph (B) and inserting:
``(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;''.
SEC. 108. RIGHT TO NOTICE CONCERNING EXECUTIVE CLEMENCY.
(a) Notice.--Paragraph (6) of section 503(c) of the Victims' Rights
and Restitution Act of 1990, as redesignated by section 103 of this
Act, is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) the grant of executive clemency, including
any pardon, reprieve, commutation of sentence, or
remission of fine, to the offender; and''.
(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. 109. 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:
(1) Compliance authority.--The term ``compliance
authority'' means one 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 and 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;
(B) a strategic plan for the year following the
year covered under subparagraph (A); and
(C) 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) Grant Period.--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,
$8,000,000 for fiscal year 2002 and such sums as may be
necessary for fiscal years 2003, 2004, and 2005.
(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 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, in addition to funds made
available by section 1402(d)(4)(C)--
``(1) $10,000,000 for fiscal year 2002;
``(2) $5,000,000 for fiscal year 2003; and
``(3) $5,000,000 for fiscal year 2004.
``(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.
The Victims of Crime Act of 1984 is amended by inserting after
section 1404D, as added by section 202 of this Act, the following:
``SEC. 1404E. RESTORATIVE JUSTICE GRANTS.
``(a) In General.--The Director may make grants as provided in
section 1404(c)(1)(A) of this title to States, units of local
government, tribal governments, and qualified private entities for the
development and implementation of community-based restorative justice
programs in juvenile justice systems.
``(b) Community-Based Restorative Justice Program.--In this
section, the term `community-based restorative justice program' means a
program based upon principles of restorative justice and a concern for
maintaining offenders safely in the community.
``(c) Mission.--The mission of a program developed and implemented
under a grant under this section shall be to--
``(1) protect the community through processes in which
individual victims, offenders, and the community are all active
participants;
``(2) ensure accountability of the offenders to their
victims and community; and
``(3) equip offenders with the skills needed to live
responsibly and productively.
``(d) Voluntary Programs.--A program funded under this section
shall be fully voluntary for both victims and offenders.
``(e) Report.--The Office for Victims of Crime shall conduct a
study and report to Congress not later than 3 years after the date of
enactment of this Act on the effectiveness of programs that receive
grants under this section.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section, in addition to funds made
available by section 1402(d)(4)(C) of this title, $4,000,000 for each
of fiscal years 2002, 2003, and 2004.
``(g) 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. 204. FUNDING FOR FEDERAL VICTIM ASSISTANCE PERSONNEL.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary to enable the Attorney General, through the
Director of the Office for Victims of Crime, to retain 400 full-time or
full-time equivalent employees to serve as victim witness coordinators
and victim witness advocates in Federal law enforcement agencies.
(b) Victims Assistance.--Employees retained pursuant to this
section shall provide assistance to victims of criminal offenses
investigated or prosecuted by a Federal law enforcement agency and
otherwise improve services for the benefit of crime victims in the
Federal system.
(c) Allocation of Employees.--Full-time and full-time equivalent
employees retained pursuant to this section shall be assigned by the
Director of the Office for Victims of Crime, as needed, in Federal law
enforcement agencies, including--
(1) 170 to the United States Attorneys Offices; and
(2) 120 to the Federal Bureau of Investigation in field
offices in Indian country (as defined in section 1151 of title
18, United States Code) and other field offices that handle
investigations involving large numbers of victims, and in the
Headquarters Divisions.
TITLE III--VICTIMS OF CRIME ACT AMENDMENTS
SEC. 301. CRIME VICTIMS FUND.
(a) Deposit of Gifts in the Fund.--Section 1402(b) of the Victims
of Crime Act of 1984 (42 U.S.C. 10601(b)) is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(5) any gifts, bequests, or donations to the Fund from
private entities or individuals.''.
(b) Formula for Fund Distributions.--Section 1402(c) of the Victims
of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended--
(1) in the second sentence--
(A) by striking ``made available for obligation by
Congress'' and inserting ``obligated''; and
(B) by inserting ``in reserve'' after ``shall
remain''; and
(2) by adding at the end the following: ``Subject to the
availability of money in the Fund, the Director shall make
available pursuant to this Act, not less than 90 percent nor
more than 110 percent of the total amount of funds made
available for obligation in the previous fiscal year.''.
(c) Funding for Victim Assistance Personnel.--Section 1402(d) of
the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)) is repealed.
(d) Allocation of Funds for Costs and Grants.--Section 1402(d)(4)
of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is
amended--
(1) in subparagraph (A), by striking ``48.5'' and inserting
``47.5'';
(2) in subparagraph (B), by striking ``48.5'' and inserting
``47.5''; and
(3) in subparagraph (C), by striking ``3'' and inserting
``5''.
(e) Antiterrorism Emergency Reserve.--Section 1402(d)(5) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is amended to read
as follows:
``(4)(A) Notwithstanding subsection (c), the Director may
set aside up to $50,000,000 from the amounts remaining in the
Fund as an antiterrorism emergency reserve fund. The Director
may replenish any amounts expended in subsequent fiscal years
by setting aside up to 5 percent of the amounts remaining in
the Fund in any fiscal year.
``(B) The antiterrorism emergency reserve referred to in
subparagraph (A) may be used for supplemental grants under
section 1404B (42 U.S.C. 10603b) and to provide compensation to
victims of international terrorism under section 1404C (42
U.S.C. 10603c).''.
SEC. 302. CRIME VICTIM COMPENSATION.
(a) Allocation of Funds for Compensation and Assistance.--Section
1403(a) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(a)) is
amended--
(1) in each of paragraphs (1) and (2), by striking ``40''
and inserting ``60''; and
(2) in paragraph (3), by striking ``5'' and inserting
``10''.
(b) Relationship of Crime Victim Compensation to Means-Tested
Federal Benefit Programs.--Section 1403 of the Victims of Crime Act of
1984 (42 U.S.C. 10602) is amended by striking subsection (c) and
inserting the following:
``(c) Exclusion From Income, Resources, and Assets for Purposes of
Means Tests.--Notwithstanding any other law, for the purpose of any
maximum allowed income, resource, or asset eligibility requirement in
any Federal, State, or local government program using Federal funds
that provides medical or other assistance (or payment or reimbursement
of the cost of such assistance), any amount of crime victim
compensation that the applicant receives through a crime victim
compensation program under this section shall not be included in the
income, resources, or assets of the applicant, nor shall that amount
reduce the amount of the assistance available to the applicant from
Federal, State, or local government programs using Federal funds,
unless the total amount of assistance that the applicant receives from
all such programs is sufficient to fully compensate the applicant for
losses suffered as a result of the crime.''.
(c) Conforming Amendment.--Section 1403(d)(4) of the Victims of
Crime Act of 1984 (42 U.S.C. 10602(d)(4)) is amended by inserting ``the
United States Virgin Islands,'' after ``the Commonwealth of Puerto
Rico,''.
SEC. 303. CRIME VICTIM ASSISTANCE.
(a) Assistance for Victims in the District of Columbia, Puerto
Rico, and Other Territories and Possessions.--Section 1404(a) of the
Victims of Crime Act of 1984 (42 U.S.C. 10603(a)) is amended by adding
at the end the following:
``(6) An agency of the Federal Government performing local
law enforcement functions in and on behalf of the District of
Columbia, the Commonwealth of Puerto Rico, the United States
Virgin Islands, or any other territory or possession of the
United States may qualify as an eligible crime victim
assistance program for the purpose of grants under this
subsection, or for the purpose of grants under subsection
(c)(1).''.
(b) Prohibition on Discrimination Against Certain Victims.--Section
1404(b)(1) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(1))
is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) does not discriminate against victims because
they oppose the death penalty or disagree with the way
the State is prosecuting the criminal case.''.
(c) Administrative Costs for Crime Victim Assistance.--Section
1404(b)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(3))
is amended by striking ``5'' and inserting ``10''.
(d) Grants for Program Evaluation and Compliance Efforts.--Section
1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 U.S.C.
10603(c)(1)(A)) is amended by inserting ``, program evaluation,
compliance efforts,'' after ``demonstration projects''.
(e) Fellowships and Clinical Internships.--Section 1404(c)(3) of
the Victims of Crime Act of 1984 (42 U.S.C. 10603(c)(3)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) 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.''.
SEC. 304. VICTIMS OF TERRORISM.
(a) Assistance to Victims of International Terrorism.--Section
1404B(a)(1) of the Victims of Crime Act of 1984 (42 U.S.C.
10603b(a)(1)) is amended by striking ``who are not persons eligible for
compensation under title VIII of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986''.
(b) Compensation to Victims of International Terrorism.--Section
1404C(b) of the Victims of Crime of 1984 (42 U.S.C. 10603c(b)) is
amended by adding at the end the following: ``The amount of
compensation awarded to a victim under this subsection shall be reduced
by any amount that the victim received in connection with the same act
of international terrorism under title VIII of the Omnibus Diplomatic
Security and Antiterrorism Act of 1986.''.
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