[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.''.
                                 <all>