[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 805 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 805

 To enhance the rights of crime victims, to establish grants for local 
      governments to assist crime victims, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 7, 2003

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

_______________________________________________________________________

                                 A BILL


 
 To enhance the rights of crime victims, to establish grants for local 
      governments to assist crime victims, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Crime Victims 
Assistance Act of 2003''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--VICTIM RIGHTS IN THE FEDERAL SYSTEM

Sec. 101. Right to consult concerning detention.
Sec. 102. Right to a speedy trial.
Sec. 103. Right to consult concerning plea.
Sec. 104. Enhanced participatory rights at trial.
Sec. 105. Enhanced participatory rights at sentencing.
Sec. 106. Right to notice concerning sentence adjustment, discharge 
                            from psychiatric facility, and executive 
                            clemency.
Sec. 107. Procedures to promote compliance.
                TITLE II--VICTIM ASSISTANCE INITIATIVES

Sec. 201. Pilot programs to enforce compliance with State crime 
                            victim's rights laws.
Sec. 202. Increased resources to develop state-of-the-art systems for 
                            notifying crime victims of important dates 
                            and developments.
Sec. 203. Restorative justice grants.
Sec. 204. Grants to develop interdisciplinary coordinated service 
                            programs for victims of crime.
Sec. 205. Grants for services to crime victims with special 
                            communication needs.
         TITLE III--AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984

Sec. 301. Formula for distributions from the crime victims fund.
Sec. 302. Clarification regarding antiterrorism emergency reserve.
Sec. 303. Prohibition on diverting crime victims fund to offset 
                            increased spending.

              TITLE I--VICTIM RIGHTS IN THE FEDERAL SYSTEM

SEC. 101. RIGHT TO CONSULT CONCERNING DETENTION.

    (a) Right To Consult Concerning Detention.--Section 503(c) of the 
Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) is 
amended by striking paragraph (2) and inserting the following:
            ``(2) A responsible official shall--
                    ``(A) arrange for a victim to receive reasonable 
                protection from a suspected offender and persons acting 
                in concert with or at the behest of the suspected 
                offender; and
                    ``(B) consult with a victim prior to a detention 
                hearing to obtain information that can be presented to 
                the court on the issue of any threat the suspected 
                offender may pose to the safety of the victim.''.
    (b) Court Consideration of the Views of Victims.--Chapter 207 of 
title 18, United States Code, is amended--
            (1) in section 3142--
                    (A) in subsection (g)--
                            (i) in paragraph (3), by striking ``and'' 
                        at the end;
                            (ii) by redesignating paragraph (4) as 
                        paragraph (5); and
                            (iii) by inserting after paragraph (3) the 
                        following:
            ``(4) the views of the victim; and''; and
                    (B) by adding at the end the following:
    ``(k) Views of the Victim.--During a hearing under subsection (f), 
the judicial officer shall inquire of the attorney for the Government 
if the victim has been consulted on the issue of detention and the 
views of such victim, if any.''; and
            (2) in section 3156(a)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) the term `victim' includes all persons defined as 
        victims in section 503(e)(2) of the Victims' Rights and 
        Restitution Act of 1990 (42 U.S.C. 10607(e)(2)).''.

SEC. 102. RIGHT TO A SPEEDY TRIAL.

    Section 3161(h)(8)(B) of title 18, United States Code, is amended 
by adding at the end the following:
    ``(v) The interests of the victim (as defined in section 503(e)(2) 
of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
10607(e)(2)) in the prompt and appropriate disposition of the case, 
free from unreasonable delay.''.

SEC. 103. RIGHT TO CONSULT CONCERNING PLEA.

    (a) Right To Consult Concerning Plea.--Section 503(c) of the 
Victims' Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)) is 
amended--
            (1) by redesignating paragraphs (4) through (8) as 
        paragraphs (5) through (9), respectively; and
            (2) by inserting after paragraph (3) the following:
            ``(4) A responsible official shall make reasonable efforts 
        to notify a victim of, and consider the views of a victim 
        about, any proposed or contemplated plea agreement. In 
        determining what is reasonable, the responsible official should 
        consider factors relevant to the wisdom and practicality of 
        giving notice and considering views in the context of the 
        particular case, including--
                    ``(A) the impact on public safety and risks to 
                personal safety;
                    ``(B) the number of victims;
                    ``(C) the need for confidentiality, including 
                whether the proposed plea involves confidential 
                information or conditions; and
                    ``(D) whether time is of the essence in negotiating 
                or entering a proposed plea.''.
    (b) Court Consideration of the Views of Victims.--Rule 11 of the 
Federal Rules of Criminal Procedure is amended--
            (1) by redesignating subdivisions (g) and (h) as 
        subdivisions (h) and (i), respectively; and
            (2) by inserting after subdivision (f) the following:
    ``(g) Views of the Victim.--Notwithstanding the acceptance of a 
plea of guilty, the court should not enter a judgment upon such plea 
without making inquiry of the attorney for the Government if the victim 
(as defined in section 503(e)(2) of the Victims' Rights and Restitution 
Act of 1990) has been consulted on the issue of the plea and the views 
of such victim, if any.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by subsection (b) 
        shall become effective as provided in paragraph (3).
            (2) Action by judicial conference.--
                    (A) Recommendations.--Not later than 180 days after 
                the date of enactment of this Act, the Judicial 
                Conference of the United States shall submit to 
                Congress a report containing recommendations for 
                amending the Federal Rules of Criminal Procedure to 
                provide enhanced opportunities for victims to be heard 
                on the issue of whether or not the court should accept 
                a plea of guilty or nolo contendere.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference of the 
                United States under this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference of the United States--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendments made by subsection (b), the amendments 
                made by subsection (b) shall become effective 30 days 
                after the date on which the recommendations are 
                submitted to Congress under paragraph (2);
                    (B) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are different in 
                any respect from the amendments made by subsection (b), 
                the recommendations made pursuant to paragraph (2) 
                shall become effective 180 days after the date on which 
                the recommendations are submitted to Congress under 
                paragraph (2), unless an Act of Congress is passed 
                overturning the recommendations; and
                    (C) fails to comply with paragraph (2), the 
                amendments made by subsection (b) shall become 
                effective 360 days after the date of enactment of this 
                Act.
            (4) Application.--Any amendment made pursuant to this 
        section (including any amendment made pursuant to the 
        recommendations of the Judicial Conference of the United States 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

SEC. 104. ENHANCED PARTICIPATORY RIGHTS AT TRIAL.

    (a) Amendments to Victim Rights Clarification Act.--Section 3510 of 
title 18, United States Code, is amended--
            (1) by redesignating subsection (c) as subsection (e); and
            (2) by inserting after subsection (b) the following:
    ``(c) Application to Televised Proceedings.--This section applies 
to any victim viewing proceedings pursuant to section 235 of the 
Antiterrorism and Effective Death Penalty Act of 1996 (42 U.S.C. 
10608), or any rule issued pursuant to that section.
    ``(d) Standing.--
            ``(1) In general.--At the request of any victim of an 
        offense, the attorney for the Government may assert the right 
        of the victim under this section to attend and observe the 
        trial.
            ``(2) Victim standing.--If the attorney for the Government 
        declines to assert the right of a victim under this section, 
        then the victim has standing to assert such right.
            ``(3) Appellate review.--An adverse ruling on a motion or 
        request by an attorney for the Government or a victim under 
        this subsection may be appealed or petitioned under the rules 
        governing appellate actions, provided that no appeal or 
        petition shall constitute grounds for unreasonably delaying a 
        criminal proceeding.''.
    (b) Amendment to Victims' Rights and Restitution Act of 1990.--
Section 502(b) of the Victims' Rights and Restitution Act of 1990 (42 
U.S.C. 10606(b)) is amended--
            (1) by amending paragraph (4) to read as follows:
            ``(4) The right to be present at all public court 
        proceedings related to the offense, unless the court determines 
        that testimony by the victim at trial would be materially 
        affected if the victim heard the testimony of other 
        witnesses.''; and
            (2) in paragraph (5), by striking ``attorney'' and 
        inserting ``the attorney''.

SEC. 105. ENHANCED PARTICIPATORY RIGHTS AT SENTENCING.

    (a) Views of the Victim.--Section 3553(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) by redesignating paragraph (7) as paragraph (8); and
            (3) by inserting after paragraph (6) the following:
            ``(7) the impact of the crime upon any victim of the 
        offense as reflected in any victim impact statement and the 
        views of any victim of the offense concerning punishment, if 
        such statement or views are presented to the court; and''.
    (b) Enhanced Right To Be Heard Concerning Sentence.--Rule 32 of the 
Federal Rules of Criminal Procedure is amended--
            (1) in subdivision (c)(3)(E)--
                    (A) by striking ``if the sentence is to be imposed 
                for a crime of violence or sexual abuse,''; and
                    (B) by inserting ``written or oral'' before 
                ``statement''; and
            (2) by amending subdivision (f) to read as follows:
    ``(f) Definition.--For purposes of this rule, the term `victim' 
means any individual against whom an offense has been committed for 
which a sentence is to be imposed, but the right of allocution under 
subdivision (c)(3)(E) may be exercised instead by--
            ``(1) a parent or legal guardian, if the victim is 
        incompetent or has not reached 18 years of age; or
            ``(2) 1 or more family members or relatives designated by 
        the court, if the victim is deceased or incapacitated,
if such person or persons are present at the sentencing hearing, 
regardless of whether the victim is present.''.
    (c) Effective Date.--
            (1) In general.--The amendments made by subsection (b) 
        shall become effective as provided in paragraph (3).
            (2) Action by judicial conference.--
                    (A) Recommendations.--Not later than 180 days after 
                the date of enactment of this Act, the Judicial 
                Conference of the United States shall submit to 
                Congress a report containing recommendations for 
                amending the Federal Rules of Criminal Procedure to 
                provide enhanced opportunities for victims to 
                participate during the presentencing and sentencing 
                phase of the criminal process.
                    (B) Inapplicability of other law.--Chapter 131 of 
                title 28, United States Code, does not apply to any 
                recommendation made by the Judicial Conference of the 
                United States under this paragraph.
            (3) Congressional action.--Except as otherwise provided by 
        law, if the Judicial Conference of the United States--
                    (A) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are the same as 
                the amendments made by subsection (b), the amendments 
                made by subsection (b) shall become effective 30 days 
                after the date on which the recommendations are 
                submitted to Congress under paragraph (2);
                    (B) submits a report in accordance with paragraph 
                (2) containing recommendations described in that 
                paragraph, and those recommendations are different in 
                any respect from the amendments made by subsection (b), 
                the recommendations made pursuant to paragraph (2) 
                shall become effective 180 days after the date on which 
                the recommendations are submitted to Congress under 
                paragraph (2), unless an Act of Congress is passed 
                overturning the recommendations; and
                    (C) fails to comply with paragraph (2), the 
                amendments made by subsection (b) shall become 
                effective 360 days after the date of enactment of this 
                Act.
            (4) Application.--Any amendment made pursuant to this 
        section (including any amendment made pursuant to the 
        recommendations of the Judicial Conference of the United States 
        under paragraph (2)) shall apply in any proceeding commenced on 
        or after the effective date of the amendment.

SEC. 106. RIGHT TO NOTICE CONCERNING SENTENCE ADJUSTMENT, DISCHARGE 
              FROM PSYCHIATRIC FACILITY, AND EXECUTIVE CLEMENCY.

    (a) In General.--Paragraph (6) of section 503(c) of the Victims' 
Rights and Restitution Act of 1990 (42 U.S.C. 10607(c)), as 
redesignated by section 103 of this Act, is amended to read as follows:
            ``(6) After trial, a responsible official shall provide a 
        victim the earliest possible notice of--
                    ``(A) the scheduling of a parole hearing or a 
                hearing on modification of probation or supervised 
                release for the offender;
                    ``(B) the escape, work release, furlough, discharge 
                or conditional discharge, or any other form of release 
                from custody of the offender, including an offender who 
                was found not guilty by reason of insanity;
                    ``(C) the grant of executive clemency, including 
                any pardon, reprieve, commutation of sentence, or 
                remission of fine, to the offender; and
                    ``(D) the death of the offender, if the offender 
                dies while in custody.''.
    (b) Reporting Requirement.--The Attorney General shall submit 
biannually to the Committees on the Judiciary of the House of 
Representatives and the Senate a report on executive clemency matters 
or cases delegated for review or investigation to the Attorney General 
by the President, including for each year--
            (1) the number of petitions so delegated;
            (2) the number of reports submitted to the President;
            (3) the number of petitions for executive clemency granted 
        and the number denied;
            (4) the name of each person whose petition for executive 
        clemency was granted or denied and the offenses of conviction 
        of that person for which executive clemency was granted or 
        denied; and
            (5) with respect to any person granted executive clemency, 
        the date that any victim of an offense that was the subject of 
        that grant of executive clemency was notified, pursuant to 
        Department of Justice regulations, of a petition for executive 
        clemency, and whether such victim submitted a statement 
        concerning the petition.

SEC. 107. PROCEDURES TO PROMOTE COMPLIANCE.

    (a) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Attorney General of the United States shall promulgate 
regulations to enforce the rights of victims of crime described in 
section 502 of the Victims' Rights and Restitution Act of 1990 (42 
U.S.C. 10606) and to ensure compliance by responsible officials with 
the obligations described in section 503 of that Act (42 U.S.C. 10607).
    (b) Contents.--The regulations promulgated under subsection (a) 
shall--
            (1) establish an administrative authority within the 
        Department of Justice to receive and investigate complaints 
relating to the provision or violation of the rights of a crime victim;
            (2) require a course of training for employees and offices 
        of the Department of Justice that fail to comply with 
        provisions of Federal law pertaining to the treatment of 
        victims of crime, and otherwise assist such employees and 
        offices in responding more effectively to the needs of victims;
            (3) contain disciplinary sanctions, including suspension or 
        termination from employment, for employees of the Department of 
        Justice who willfully or wantonly fail to comply with 
        provisions of Federal law pertaining to the treatment of 
        victims of crime; and
            (4) provide that the Attorney General, or the designee of 
        the Attorney General, shall be the final arbiter of the 
        complaint, and that there shall be no judicial review of the 
        final decision of the Attorney General by a complainant.

                TITLE II--VICTIM ASSISTANCE INITIATIVES

SEC. 201. PILOT PROGRAMS TO ENFORCE COMPLIANCE WITH STATE CRIME 
              VICTIM'S RIGHTS LAWS.

    (a) Definitions.--In this section, the following definitions shall 
apply:
            (1) Compliance authority.--The term ``compliance 
        authority'' means 1 of the compliance authorities established 
        and operated under a program under subsection (b) to enforce 
        the rights of victims of crime.
            (2) Director.--The term ``Director'' means the Director of 
        the Office for Victims of Crime.
            (3) Office.--The term ``Office'' means the Office for 
        Victims of Crime.
    (b) Pilot Programs.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Attorney General, acting through the 
        Director, shall establish and carry out a program to provide 
        for pilot programs in 5 States to establish and operate 
        compliance authorities to enforce the rights of victims of 
        crime.
            (2) Agreements.--
                    (A) In general.--The Attorney General, acting 
                through the Director, shall enter into an agreement 
                with a State to conduct a pilot program referred to in 
                paragraph (1), which agreement shall provide for a 
                grant to assist the State in carrying out the pilot 
                program.
                    (B) Contents of agreement.--The agreement referred 
                to in subparagraph (A) shall specify that--
                            (i) the compliance authority shall be 
                        established and operated in accordance with 
                        this section; and
                            (ii) except with respect to meeting 
                        applicable requirements of this section 
                        concerning carrying out the duties of a 
                        compliance authority under this section 
                        (including the applicable reporting duties 
                        under subsection (f) and the terms of the 
                        agreement), a compliance authority shall 
                        operate independently of the Office.
                    (C) No authority over daily operations.--The Office 
                shall have no supervisory or decisionmaking authority 
                over the day-to-day operations of a compliance 
                authority.
    (c) Objectives.--
            (1) Mission.--The mission of a compliance authority 
        established and operated under a pilot program under this 
        section shall be to promote compliance and effective 
        enforcement of State laws regarding the rights of victims of 
        crime.
            (2) Duties.--A compliance authority established and 
        operated under a pilot program under this section shall--
                    (A) receive and investigate complaints relating to 
                the provision or violation of the rights of a crime 
                victim; and
                    (B) issue findings following such investigations.
            (3) Other duties.--A compliance authority established and 
        operated under a pilot program under this section may--
                    (A) pursue legal actions to define or enforce the 
                rights of victims;
                    (B) review procedures established by public 
                agencies and private organizations that provide 
                services to victims, and evaluate the delivery of 
                services to victims by such agencies and organizations;
                    (C) coordinate and cooperate with other public 
                agencies and private organizations concerned with the 
                implementation, monitoring, and enforcement of the 
                rights of victims and enter into cooperative agreements 
                with such agencies and organizations for the 
                furtherance of the rights of victims;
                    (D) ensure a centralized location for victim 
                services information;
                    (E) recommend changes in State policies concerning 
                victims, including changes in the system for providing 
                victim services;
                    (F) provide public education, legislative advocacy, 
                and development of proposals for systemic reform; and
                    (G) advertise to advise the public of its services, 
                purposes, and procedures.
    (d) Eligibility.--To be eligible to receive a grant under this 
section, a State shall submit an application to the Director which 
includes assurances that--
            (1) the State has provided legal rights to victims of crime 
        at the adult and juvenile levels;
            (2) a compliance authority that receives funds under this 
        section will include a role for--
                    (A) representatives of criminal justice agencies, 
                crime victim service organizations, and the educational 
                community;
                    (B) a medical professional whose work includes work 
                in a hospital emergency room; and
                    (C) a therapist whose work includes treatment of 
                crime victims; and
            (3) Federal funds received under this section will be used 
        to supplement, and not to supplant, non-Federal funds that 
        would otherwise be available to enforce the rights of victims 
        of crime.
    (e) Preference.--In awarding grants under this section, the 
Attorney General shall give preference to a State that provides legal 
standing to prosecutors and victims of crime to assert the rights of 
victims of crime.
    (f) Oversight.--
            (1) Technical assistance.--The Director may provide 
        technical assistance and training to a State that receives a 
        grant under this section to achieve the purposes of this 
        section.
            (2) Annual report.--Each State that receives a grant under 
        this section shall submit to the Director, for each year in 
        which funds from a grant received under this section are 
        expended, a report that contains--
                    (A) a summary of the activities carried out under 
                the grant;
                    (B) an assessment of the effectiveness of such 
                activities in promoting compliance and effective 
                implementation of the laws of that State regarding the 
                rights of victims of crime;
                    (C) a strategic plan for the year following the 
                year covered under subparagraph (A); and
                    (D) such other information as the Director may 
                require.
    (g) Review of Program Effectiveness.--
            (1) In general.--The Director of the National Institute for 
        Justice shall conduct an evaluation of the pilot programs 
        carried out under this section to determine the effectiveness 
        of the compliance authorities that are the subject of the pilot 
        programs in carrying out the mission and duties described in 
        subsection (c).
            (2) Report.--Not later than 5 years after the date of 
        enactment of this Act, the Director of the National Institute 
        of Justice shall submit to the Committee on the Judiciary of 
        the House of Representatives and the Committee on the Judiciary 
        of the Senate a written report on the results of the evaluation 
        required by paragraph (1).
    (h) Duration.--A grant under this section shall be made for a 
period not longer than 4 years, but may be renewed for a period not to 
exceed 2 years on such terms as the Director may require.
    (i) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section, to remain available until expended--
                    (A) $5,000,000 for fiscal year 2004; and
                    (B) such sums as may be necessary for each of the 
                fiscal years 2005 and 2006.
            (2) Evaluations.--Up to 5 percent of the amount authorized 
        to be appropriated under paragraph (1) in any fiscal year may 
        be used for administrative expenses incurred in conducting the 
        evaluations and preparing the report required by subsection 
        (g).

SEC. 202. INCREASED RESOURCES TO DEVELOP STATE-OF-THE-ART SYSTEMS FOR 
              NOTIFYING CRIME VICTIMS OF IMPORTANT DATES AND 
              DEVELOPMENTS.

    The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is 
amended by inserting after section 1404C the following:

``SEC. 1404D. VICTIM NOTIFICATION GRANTS.

    ``(a) In General.--The Director may make grants as provided in 
section 1404(c)(1)(A) to State, tribal, and local prosecutors' offices, 
law enforcement agencies, courts, jails, and correctional institutions, 
and to qualified private entities, to develop and implement state-of-
the-art systems for notifying victims of crime of important dates and 
developments relating to the criminal proceedings at issue on a timely 
and efficient basis.
    ``(b) Integration of Systems.--Systems developed and implemented 
under this section may be integrated with existing case management 
systems operated by the recipient of the grant.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            ``(1) $10,000,000 for fiscal year 2004;
            ``(2) $5,000,000 for fiscal year 2005; and
            ``(3) $5,000,000 for fiscal year 2006.
    ``(d) False Claims Act.--Notwithstanding any other provision of 
law, amounts collected pursuant to sections 3729 through 3731 of title 
31, United States Code (commonly known as the `False Claims Act'), may 
be used for grants under this section.''.

SEC. 203. RESTORATIVE JUSTICE GRANTS.

    (a) Purposes.--The purposes of this section are to--
            (1) hold juvenile offenders accountable for their offenses, 
        while ensuring the continuing safety of victims;
            (2) involve victims and the community in the juvenile 
        justice process;
            (3) obligate the offender to pay restitution to the victim 
        and to the community through community service or through 
        financial or other forms of restitution; and
            (4) equip juvenile offenders with the skills needed to live 
        responsibly and productively.
    (b) Authority To Make Grants.--The Office of Justice Programs of 
the Department of Justice shall make grants, in accordance with such 
regulations as the Attorney General may prescribe, to units of local 
governments, tribal governments, and qualified private entities to 
establish restorative justice programs, such as victim and offender 
mediation, family and community conferences, family and group 
conferences, sentencing circles, restorative panels, and reparative 
boards, as an alternative to, or in addition to, incarceration.
    (c) Program Criteria.--A program funded by a grant made under this 
section shall--
            (1) be fully voluntary by both the victim and the offender 
        (who must admit responsibility), once the prosecuting agency 
        has determined that the case is appropriate for this program;
            (2) include as a critical component accountability 
        conferences, at which the victim will have the opportunity to 
        address the offender directly, to describe the impact of the 
        offense against the victim, and the opportunity to suggest 
        possible forms of restitution;
            (3) require that conferences be attended by the victim, the 
        offender and, when possible, the parents or guardians of the 
        offender, and the arresting officer; and
            (4) provide an early, individualized assessment and action 
        plan to each juvenile offender in order to prevent further 
        criminal behavior through the development of appropriate skills 
        in the juvenile offender so that the juvenile is more capable 
        of living productively and responsibly in the community.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $8,000,000 for fiscal year 2004; and
            (2) $4,000,000 for each of the fiscal years 2005 and 2006.

 SEC. 204. GRANTS TO DEVELOP INTERDISCIPLINARY COORDINATED SERVICE 
              PROGRAMS FOR VICTIMS OF CRIME.

    The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is 
amended by inserting after section 1404D, as added by section 202 of 
this Act, the following:

``SEC. 1404E. INTERDISCIPLINARY COORDINATED SERVICE PROGRAMS.

    ``(a) In General.--The Director is authorized to award grants under 
section 1404(c)(1)(A) to States, tribal governments, local governments, 
and qualified public or private entities, to develop and implement 
interdisciplinary coordinated service programs for victims of crime.
    ``(b) Definitions.--In this section, the following definitions 
shall apply:
            ``(1) Interdisciplinary coordinated service program.--The 
        term `interdisciplinary coordinated service program' means a 
        case management program that coordinates the various systems 
        and programs that impact or assist victims of crime, 
        including--
                    ``(A) the criminal justice system;
                    ``(B) public or private victim assistance 
                organizations;
                    ``(C) victim compensation programs;
                    ``(D) public or private health care services;
                    ``(E) public or private mental health services;
                    ``(F) community-based victim service organizations;
                    ``(G) public or private educational services, 
                including preschool, after-school care, and child care 
                programs; and
                    ``(H) other public or private sources of services 
                or assistance to victims of crime.
            ``(2) Emergency interdisciplinary coordinated service 
        program.--The term `emergency interdisciplinary coordinated 
        service program' means an interdisciplinary coordinated service 
        program that responds to a community crisis.
            ``(3) Community crisis.--The term `community crisis' means 
        a single crime or multiple related crimes that have a wide 
        impact or serious consequences on a community.
            ``(4) Lead entity.--
                    ``(A) In general.--The term `lead entity' means the 
                State, tribal government, local prosecutor's office, or 
                qualified public or private entity with experience 
                working across disciplines and agencies, that leads the 
                interdisciplinary coordinated service program or 
                emergency interdisciplinary coordinated service 
                program.
                    ``(B) Responsibilities.--The lead entity is 
                responsible for distributing funds to any entities 
                collaborating on the interdisciplinary coordinated 
                service program or emergency interdisciplinary 
                coordinated service program, as necessary.
    ``(c) Mission.--The mission of a program developed and implemented 
with a grant under this section shall be to--
            ``(1) streamline access to services by victims of crime;
            ``(2) eliminate barriers to services for victims of crime;
            ``(3) coordinate client services across disciplines to 
        assure continuity of care, including the use of technology to 
        link service providers to each other;
            ``(4) improve how victims of crime experience the criminal 
        justice system in order to promote cooperation and trust;
            ``(5) reduce duplication of effort in outreach and 
        provision of services to victims;
            ``(6) assist crime victims in avoiding unnecessary and 
        repetitive interviewing, retelling of victimization, and 
        completion of applications; and
            ``(7) improve service delivery through client input and 
        feedback.
    ``(d) Preference.--In awarding grants under this section, the 
Director shall give preference to lead entities that collaborate with 
the most comprehensive coalition of entities that impact or serve 
victims of crime.
    ``(e) Oversight.--
            ``(1) Funding proposal.--The proposed distribution of 
        funding among the lead entity and any collaborating entities 
        shall be included in any grant application for funding.
            ``(2) Report.--Each lead entity that receives a grant under 
        this section shall submit to the Director, for each year in 
        which funds from a grant under this section are expended, a 
        report assessing the effectiveness of the emergency 
        interdisciplinary coordinated service program or the 
        interdisciplinary coordinated service program.
    ``(f) Review of Program Effectiveness.--
            ``(1) In general.--The Director of the National Institute 
        for Justice shall conduct an evaluation of the emergency 
        interdisciplinary coordinated service programs and the 
interdisciplinary coordinated service programs carried out under this 
section to determine the effectiveness and cost effectiveness of the 
programs in carrying out the mission and duties described under 
subsection (c).
            ``(2) Report.--Not later than 5 years after the date of 
        enactment of this Act, the Director of the National Institute 
        of Justice shall submit, to the Committees on the Judiciary of 
        the House of Representatives and the Senate, a written report 
        on the results of the evaluation required under paragraph (1).
    ``(g) Duration.--The Director shall award grants under this section 
for a period not to exceed 4 years, but may renew the grant for a 
period not to exceed 2 years on such terms as the Director may 
reasonably require.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated, 
        in addition to funds made available by section 1402(d)(4)(C)--
                    ``(A) $6,000,000 for each of the fiscal years 2004 
                through 2007 for emergency interdisciplinary service 
                programs; and
                    ``(B) $14,000,000 for each of the fiscal years 2004 
                through 2007 for interdisciplinary service programs.
            ``(2) Deadlines.--Funds appropriated for emergency 
        interdisciplinary service programs shall be made available by 
        the Director not later than 30 days after the date of the 
        community crisis and distributed not later than 120 days after 
        the date of the community crisis.
            ``(3) Transfer of unexpended funds.--All funds 
        appropriated, but not expended, for emergency interdisciplinary 
        service programs during each fiscal year shall be obligated to 
        interdisciplinary service programs for distribution in the 
        subsequent fiscal year and shall not be diverted to offset 
        increased spending.
            ``(4) Evaluation.--Funds appropriated pursuant to paragraph 
        (1) may be used to carry out the provisions under subsection 
        (f).
            ``(5) Maintenance of effort.--Funds appropriated pursuant 
        to this section shall be used to supplement, and not supplant, 
        non-Federal funds that would otherwise be available to support 
        interdisciplinary service programs and emergency 
        interdisciplinary service programs.
    ``(i) False Claims Act.--Notwithstanding any other provision of 
law, amounts collected pursuant to sections 3729 through 3731 of title 
31, United States Code (commonly known as the `False Claims Act'), may 
be used for grants under this section.''.

 SEC. 205. GRANTS FOR SERVICES TO CRIME VICTIMS WITH SPECIAL 
              COMMUNICATION NEEDS.

    The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is 
amended by inserting after section 1404E, as added by section 204 of 
this Act, the following:

``SEC. 1404F. SERVICES TO VICTIMS WITH SPECIAL COMMUNICATION NEEDS.

    ``(a) In General.--The Director is authorized to award 
demonstration grants under section 1404(c)(1)(A) to States, tribal 
governments, local governments, and qualified public or private 
entities to support the extension of services to victims with special 
communication needs.
    ``(b) Mission.--The mission of a demonstration grant awarded under 
this section shall be to expand the capacity of victim service 
providers to serve crime victims with special communication needs 
relating to limited English proficiency, hearing loss, or developmental 
disabilities.
    ``(c) Use of Funds.--Activities funded under a demonstration grant 
awarded under this section may include--
            ``(1) contracting with a telephonic interpreter service to 
        offer services to a specified pool of victim service providers, 
        at no additional cost to such service providers or at a 
        discounted rate;
            ``(2) the use of local interpreters;
            ``(3) the use of bilingual or multilingual victim advocates 
        or assistants;
            ``(4) foreign language classes and cultural competency 
        training for service providers;
            ``(5) translation of materials;
            ``(6) hearing assistance devices;
            ``(7) services to help individuals with developmental 
        disabilities understand court proceedings;
            ``(8) community outreach; and
            ``(9) other means to improve accessibility of victim 
        services for crime victims with special communication needs.
    ``(d) Task Forces.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, a State, tribal government, local government, or 
        qualified public or private entity shall have established a 
        task force to study needs and alternatives for promoting 
        greater access to services for crime victims with special 
        communication needs.
            ``(2) Membership.--The task force referred to in paragraph 
        (1) shall be composed of representatives of--
                    ``(A) system and non-system based victim service 
                providers;
                    ``(B) the predominant ethnic communities; and
                    ``(C) individuals with severe hearing loss or 
                developmental disabilities.
            ``(3) Recommendations.--Each task force referred to in 
        paragraph (1) shall--
                    ``(A) study the issues described under paragraph 
                (1) during the period of any grant awarded; and
                    ``(B) make specific recommendations for 
                expenditures by the grant recipient.
    ``(e) Annual Report.--Each entity that receives a grant under this 
section shall submit to the Director, for each year in which funds from 
a grant received under this section are expended, a report containing--
            ``(1) a summary of the activities carried out under the 
        grant;
            ``(2) an assessment of the effectiveness of such activities 
        in extending services to previously unserved and underserved 
        victims of crime;
            ``(3) a strategic plan for the year following the year 
        covered under paragraph (1); and
            ``(4) such other information as the Director may require.
    ``(f) Duration.--The Director shall award demonstration grants 
under this section for a period not to exceed 4 years, but may renew 
the grant for a period not to exceed 2 years on such terms as the 
Director may reasonably require.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, which shall remain available 
until expended--
            ``(1) $500,000 for fiscal year 2004; and
            ``(2) $5,000,000 for each of the fiscal years 2005 through 
        2007.
    ``(h) False Claims Act.--Notwithstanding any other provision of 
law, amounts collected pursuant to sections 3729 through 3731 of title 
31, United States Code (commonly known as the `False Claims Act') may 
be used for grants under this section.''.

         TITLE III--AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984

SEC. 301. FORMULA FOR DISTRIBUTIONS FROM THE CRIME VICTIMS FUND.

    (a) Formula for Fund Distributions.--Section 1402(c) of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended to read as 
follows:
    ``(c) Fund Distribution; Retention of Sums in Fund; Availability 
for Expenditure Without Fiscal Year Limitation.--
            ``(1)(A) Except as provided in subparagraphs (B) and (C), 
        the total amount to be distributed from the Fund in any fiscal 
        year shall be not less than 105 percent nor more than 115 
        percent of the total amount distributed from the Fund in the 
        previous fiscal year, provided that the amount shall at a 
        minimum be sufficient fully provide grants in accordance with 
        sections 1403(a)(1), 1404(a)(1), and 1404(c)(2).
            ``(B) In any fiscal year that there is an insufficient 
        amount in the Fund to fully provide grants in accordance with 
        subparagraph (A), the amounts made available for grants under 
        sections 1403(a), 1404(a), and 1404(c) shall be reduced by an 
        equal percentage.
            ``(C) In any fiscal year that the total amount available in 
        the Fund is more than 2 times the total amount distributed in 
        the previous fiscal year, up to 125 percent of the amount 
        distributed in the previous fiscal year may be distributed.
            ``(2) In each fiscal year, the Director shall distribute 
        amounts from the Fund in accordance with subsection (d). 
        Notwithstanding any other provision of law, all sums deposited 
        in the Fund that are not distributed shall remain in reserve in 
        the Fund for obligation in future fiscal years, without fiscal 
        year limitation.''.
    (b) Establishment of Base Amount for Total Victim Assistance 
Grants.--Section 1404(a)(1) of the Victims of Crime Act of 1984 (42 
U.S.C. 10603(a)(1)) is amended--
            (1) by inserting ``(A)'' after ``(1)''; and
            (2) by adding at the end the following:
            ``(B) Except as provided in section 1402(c)(1)(B), the 
        total amount distributed to States under this subsection in any 
        fiscal year shall not be less than the average amount 
        distributed for this purpose during the prior 3 fiscal 
        years.''.
    (c) Establishment of Base Amount for OVC Discretionary Grants.--
Section 1404(c)(2) of the Victims of Crime Act of 1984 (42 U.S.C. 
10603(c)(2)) is amended by inserting after ``(2)'' the following: 
``Except as provided in section 1402(c)(1)(B), the amount available for 
grants under this subsection in any fiscal year shall not be less than 
the average amount available for this purpose during the prior 3 fiscal 
years.''.

SEC. 302. CLARIFICATION REGARDING ANTITERRORISM EMERGENCY RESERVE.

    Section 1402(d)(5)(C) of the Victims of Crime Act of 1984 (42 
U.S.C. 10601(d)(5)(C)) is amended by inserting ``, and any amounts used 
to replenish such reserve,'' after ``any such amounts carried over''.

SEC. 303. PROHIBITION ON DIVERTING CRIME VICTIMS FUND TO OFFSET 
              INCREASED SPENDING.

    (a) Purpose.--The purpose of this section is to ensure that amounts 
deposited in the Crime Victims Fund (as established by section 1402(a) 
of the Victims of Crime Act of 1984 (42 U.S.C. 10601(a)) are 
distributed in a timely manner to assist victims of crime as intended 
by current law and are not diverted to offset increased spending.
    (b) Treatment of Crime Victims Fund.--Section 1402 of the Victims 
of Crime Act of 1984 (42 U.S.C. 10601) is amended by adding at the end 
the following:
    ``(h) For purposes of congressional points of order, the 
Congressional Budget Act of 1974, and the Balanced Budget and Emergency 
Deficit Control Act of 1985, any limitation on spending from the Fund 
included in the President's budget or enacted in appropriations 
legislation for fiscal year 2004 or any subsequent fiscal year shall 
not be scored as discretionary savings.''.
                                 <all>