I 

108TH CONGRESS 

1ST SESSION H. R. 3381

To enhance the rights of crime victims, to establish grants for local 

governments to assist crime victims, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 28, 2003

Ms. NORTON introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on the Budget 

and Rules, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To enhance the rights of crime victims, to establish grants 

for local governments to assist crime victims, and for 

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Crime Victims Assistance Act of 2003’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows:

Sec. 1. Short title; table of contents. 
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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.

1 TITLE I—VICTIM RIGHTS IN THE 

2 FEDERAL SYSTEM 

3 SEC. 101. RIGHT TO CONSULT CONCERNING DETENTION. 

4 (a) RIGHT TO CONSULT CONCERNING DETEN5 TION.—Section 503(c) of the Victims’ Rights and Restitu6 tion Act of 1990 (42 U.S.C. 10607(c)) is amended by 

7 striking paragraph (2) and inserting the following: 

8 ‘‘(2) A responsible official shall—

9 ‘‘(A) arrange for a victim and any other 

10 person whose safety, by reason of a relationship 

11 with the victim, may reasonably be threatened 

12 to receive reasonable protection from a sus-
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1 pected offender and persons acting in concert 

2 with or at the behest of the suspected offender; 

3 and 

4 ‘‘(B) consult with a victim and any other 

5 person whose safety, by reason of a relationship 

6 with the victim, may reasonably be threatened 

7 prior to a detention hearing to obtain informa8 tion that can be presented to the court on the 

9 issue of any threat the suspected offender may 

10 pose to the safety of the victim.’’. 

11 (b) COURT CONSIDERATION OF THE VIEWS OF VIC12 TIMS.—Chapter 207 of title 18, United States Code, is 

13 amended—

14 (1) in section 3142—

15 (A) in subsection (g)—

16 (i) in paragraph (3), by striking 

17 ‘‘and’’ at the end; 

18 (ii) by redesignating paragraph (4) as 

19 paragraph (5); and 

20 (iii) by inserting after paragraph (3) 

21 the following: 

22 ‘‘(4) the views of the victim; and’’; and 

23 (B) by adding at the end the following: 

24 ‘‘(k) VIEWS OF THE VICTIM.—During a hearing 

25 under subsection (f), the judicial officer shall inquire of 
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1 the attorney for the Government if the victim and any 

2 other person whose safety, by reason of a relationship with 

3 the victim, may reasonably be threatened has been con4 sulted on the issue of detention and the views of such vic5 tim or other person, if any.’’; and 

6 (2) in section 3156(a)—

7 (A) in paragraph (4), by striking ‘‘and’’ at 

8 the end; 

9 (B) in paragraph (5), by striking the pe10 riod at the end and inserting ‘‘; and’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(6) the term ‘victim’ includes all persons de13 fined as victims in section 503(e)(2) of the Victims’ 

14 Rights and Restitution Act of 1990 (42 U.S.C. 

15 10607(e)(2)).’’. 

16 SEC. 102. RIGHT TO A SPEEDY TRIAL. 

17 Section 3161(h)(8)(B) of title 18, United States 

18 Code, is amended by adding at the end the following: 

19 ‘‘(v) The interests of the victim (as defined in section 

20 503(e)(2) of the Victims’ Rights and Restitution Act of 

21 1990 (42 U.S.C. 10607(e)(2)) in the prompt and appro22 priate disposition of the case, free from unreasonable 

23 delay.’’. 
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1 SEC. 103. RIGHT TO CONSULT CONCERNING PLEA. 

2 (a) RIGHT TO CONSULT CONCERNING PLEA.—Sec3 tion 503(c) of the Victims’ Rights and Restitution Act of 

4 1990 (42 U.S.C. 10607(c)) is amended—

5 (1) by redesignating paragraphs (4) through 

6 (8) as paragraphs (5) through (9), respectively; and 

7 (2) by inserting after paragraph (3) the fol8 lowing: 

9 ‘‘(4) A responsible official shall make reason10 able efforts to notify a victim of, and consider the 

11 views of a victim about, any proposed or con12 templated plea agreement. In determining what is 

13 reasonable, the responsible official should consider 

14 factors relevant to the wisdom and practicality of 

15 giving notice and considering views in the context of 

16 the particular case, including—

17 ‘‘(A) the impact on public safety and risks 

18 to personal safety; 

19 ‘‘(B) the number of victims and any other 

20 persons whose safety, by reason of a relation21 ship with a victim, may reasonably be threat22 ened;

23 ‘‘(C) the need for confidentiality, including 

24 whether the proposed plea involves confidential 

25 information or conditions; and 
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1 ‘‘(D) whether time is of the essence in ne2 gotiating or entering a proposed plea.’’. 

3 (b) COURT CONSIDERATION OF THE VIEWS OF VIC4 TIMS.—Rule 11 of the Federal Rules of Criminal Proce5 dure is amended—

6 (1) by redesignating subdivisions (g) and (h) as 

7 subdivisions (h) and (i), respectively; and 

8 (2) by inserting after subdivision (f) the fol9 lowing: 

10 ‘‘(g) VIEWS OF THE VICTIM.—Notwithstanding the 

11 acceptance of a plea of guilty, the court should not enter 

12 a judgment upon such plea without making inquiry of the 

13 attorney for the Government if the victim (as defined in 

14 section 503(e)(2) of the Victims’ Rights and Restitution 

15 Act of 1990) and any other person whose safety, by reason 

16 of a relationship with the victim, may reasonably be 

17 threatened has been consulted on the issue of the plea and 

18 the views of such victim or other person, if any.’’. 

19 (c) EFFECTIVE DATE.—

20 (1) IN GENERAL.—The amendments made by 

21 subsection (b) shall become effective as provided in 

22 paragraph (3). 

23 (2) ACTION BY JUDICIAL CONFERENCE.—

24 (A) RECOMMENDATIONS.—Not later than 

25 180 days after the date of enactment of this 
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1 Act, the Judicial Conference of the United 

2 States shall submit to Congress a report con3 taining recommendations for amending the 

4 Federal Rules of Criminal Procedure to provide 

5 enhanced opportunities for victims and any 

6 other person whose safety, by reason of a rela7 tionship with a victim, may reasonably be 

8 threatened to be heard on the issue of whether 

9 or not the court should accept a plea of guilty 

10 or nolo contendere. 

11 (B) INAPPLICABILITY OF OTHER LAW.—

12 Chapter 131 of title 28, United States Code, 

13 does not apply to any recommendation made by 

14 the Judicial Conference of the United States 

15 under this paragraph. 

16 (3) CONGRESSIONAL ACTION.—Except as other17 wise provided by law, if the Judicial Conference of 

18 the United States—

19 (A) submits a report in accordance with 

20 paragraph (2) containing recommendations de21 scribed in that paragraph, and those rec22 ommendations are the same as the amendments 

23 made by subsection (b), the amendments made 

24 by subsection (b) shall become effective 30 days 
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1 after the date on which the recommendations 

2 are submitted to Congress under paragraph (2); 

3 (B) submits a report in accordance with 

4 paragraph (2) containing recommendations de5 scribed in that paragraph, and those rec6 ommendations are different in any respect from 

7 the amendments made by subsection (b), the 

8 recommendations made pursuant to paragraph 

9 (2) shall become effective 180 days after the 

10 date on which the recommendations are sub11 mitted to Congress under paragraph (2), unless 

12 an Act of Congress is passed overturning the 

13 recommendations; and 

14 (C) fails to comply with paragraph (2), the 

15 amendments made by subsection (b) shall be16 come effective 360 days after the date of enact17 ment of this Act. 

18 (4) APPLICATION.—Any amendment made pur19 suant to this section (including any amendment 

20 made pursuant to the recommendations of the Judi21 cial Conference of the United States under para22 graph (2)) shall apply in any proceeding commenced 

23 on or after the effective date of the amendment. 
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1 SEC. 104. ENHANCED PARTICIPATORY RIGHTS AT TRIAL. 

2 (a) AMENDMENTS TO VICTIM RIGHTS CLARIFICA3 TION ACT.—Section 3510 of title 18, United States Code, 

4 is amended—

5 (1) by redesignating subsection (c) as sub6 section (e); and 

7 (2) by inserting after subsection (b) the fol8 lowing: 

9 ‘‘(c) APPLICATION TO TELEVISED PROCEEDINGS.—

10 This section applies to any victim viewing proceedings pur11 suant to section 235 of the Antiterrorism and Effective 

12 Death Penalty Act of 1996 (42 U.S.C. 10608), or any 

13 rule issued pursuant to that section. 

14 ‘‘(d) STANDING.—

15 ‘‘(1) IN GENERAL.—At the request of any vic16 tim of an offense, the attorney for the Government 

17 may assert the right of the victim under this section 

18 to attend and observe the trial. 

19 ‘‘(2) VICTIM STANDING.—If the attorney for 

20 the Government declines to assert the right of a vic21 tim under this section, then the victim has standing 

22 to assert such right. 

23 ‘‘(3) APPELLATE REVIEW.—An adverse ruling 

24 on a motion or request by an attorney for the Gov25 ernment or a victim under this subsection may be 

26 appealed or petitioned under the rules governing ap-
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1 pellate actions, provided that no appeal or petition 

2 shall constitute grounds for unreasonably delaying a 

3 criminal proceeding.’’. 

4 (b) AMENDMENT TO VICTIMS’ RIGHTS AND RESTITU5 TION ACT OF 1990.—Section 502(b) of the Victims’ 

6 Rights and Restitution Act of 1990 (42 U.S.C. 10606(b)) 

7 is amended—

8 (1) by amending paragraph (4) to read as fol9 lows: 

10 ‘‘(4) The right to be present at all public court 

11 proceedings related to the offense, unless the court 

12 determines that testimony by the victim at trial 

13 would be materially affected if the victim heard the 

14 testimony of other witnesses.’’; and 

15 (2) in paragraph (5), by striking ‘‘attorney’’ 

16 and inserting ‘‘the attorney’’. 

17 SEC. 105. ENHANCED PARTICIPATORY RIGHTS AT SEN18 TENCING. 

19 (a) VIEWS OF THE VICTIM.—Section 3553(a) of title 

20 18, United States Code, is amended—

21 (1) in paragraph (6), by striking ‘‘and’’ at the 

22 end; 

23 (2) by redesignating paragraph (7) as para24 graph (8); and
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1 (3) by inserting after paragraph (6) the fol2 lowing: 

3 ‘‘(7) the impact of the crime upon any victim 

4 of the offense as reflected in any victim impact 

5 statement and the views of any victim of the offense 

6 concerning punishment, if such statement or views 

7 are presented to the court; and’’. 

8 (b) ENHANCED RIGHT TO BE HEARD CONCERNING

9 SENTENCE.—Rule 32 of the Federal Rules of Criminal 

10 Procedure is amended—

11 (1) in subdivision (c)(3)(E)—

12 (A) by striking ‘‘if the sentence is to be 

13 imposed for a crime of violence or sexual 

14 abuse,’’; and 

15 (B) by inserting ‘‘written or oral’’ before 

16 ‘‘statement’’; and 

17 (2) by amending subdivision (f) to read as fol18 lows:

19 ‘‘(f) DEFINITION.—For purposes of this rule, the 

20 term ‘victim’ means any individual against whom an of21 fense has been committed for which a sentence is to be 

22 imposed, but the right of allocution under subdivision 

23 (c)(3)(E) may be exercised instead by—

24 ‘‘(1) a parent or legal guardian, if the victim is 

25 incompetent or has not reached 18 years of age; or 
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1 ‘‘(2) 1 or more family members or relatives or 

2 any other person whose safety, by reason of a rela3 tionship with the victim, may reasonably be threat4 ened designated by the court, if the victim is de5 ceased or incapacitated, 

6 if such person or persons are present at the sentencing 

7 hearing, regardless of whether the victim is present.’’. 

8 (c) EFFECTIVE DATE.—

9 (1) IN GENERAL.—The amendments made by 

10 subsection (b) shall become effective as provided in 

11 paragraph (3). 

12 (2) ACTION BY JUDICIAL CONFERENCE.—

13 (A) RECOMMENDATIONS.—Not later than 

14 180 days after the date of enactment of this 

15 Act, the Judicial Conference of the United 

16 States shall submit to Congress a report con17 taining recommendations for amending the 

18 Federal Rules of Criminal Procedure to provide 

19 enhanced opportunities for victims to partici20 pate during the presentencing and sentencing 

21 phase of the criminal process. 

22 (B) INAPPLICABILITY OF OTHER LAW.—

23 Chapter 131 of title 28, United States Code, 

24 does not apply to any recommendation made by 
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1 the Judicial Conference of the United States 

2 under this paragraph. 

3 (3) CONGRESSIONAL ACTION.—Except as other4 wise provided by law, if the Judicial Conference of 

5 the United States—

6 (A) submits a report in accordance with 

7 paragraph (2) containing recommendations de8 scribed in that paragraph, and those rec9 ommendations are the same as the amendments 

10 made by subsection (b), the amendments made 

11 by subsection (b) shall become effective 30 days 

12 after the date on which the recommendations 

13 are submitted to Congress under paragraph (2); 

14 (B) submits a report in accordance with 

15 paragraph (2) containing recommendations de16 scribed in that paragraph, and those rec17 ommendations are different in any respect from 

18 the amendments made by subsection (b), the 

19 recommendations made pursuant to paragraph 

20 (2) shall become effective 180 days after the 

21 date on which the recommendations are sub22 mitted to Congress under paragraph (2), unless 

23 an Act of Congress is passed overturning the 

24 recommendations; and 
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1 (C) fails to comply with paragraph (2), the 

2 amendments made by subsection (b) shall be3 come effective 360 days after the date of enact4 ment of this Act. 

5 (4) APPLICATION.—Any amendment made pur6 suant to this section (including any amendment 

7 made pursuant to the recommendations of the Judi8 cial Conference of the United States under para9 graph (2)) shall apply in any proceeding commenced 

10 on or after the effective date of the amendment. 

11 SEC. 106. RIGHT TO NOTICE CONCERNING SENTENCE AD12 JUSTMENT, DISCHARGE FROM PSYCHIATRIC 

13 FACILITY, AND EXECUTIVE CLEMENCY. 

14 (a) IN GENERAL.—Paragraph (6) of section 503(c) 

15 of the Victims’ Rights and Restitution Act of 1990 (42 

16 U.S.C. 10607(c)), as redesignated by section 103 of this 

17 Act, is amended to read as follows: 

18 ‘‘(6) After trial, a responsible official shall pro19 vide a victim and any other person whose safety, by 

20 reason of a relationship with the victim, may reason21 ably be threatened the earliest possible notice of—

22 ‘‘(A) the scheduling of a parole hearing or 

23 a hearing on modification of probation or super24 vised release for the offender; 
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1 ‘‘(B) the escape, work release, furlough, 

2 discharge or conditional discharge, or any other 

3 form of release from custody of the offender, in4 cluding an offender who was found not guilty 

5 by reason of insanity; 

6 ‘‘(C) the grant of executive clemency, in7 cluding any pardon, reprieve, commutation of 

8 sentence, or remission of fine, to the offender; 

9 and 

10 ‘‘(D) the death of the offender, if the of11 fender dies while in custody.’’. 

12 (b) REPORTING REQUIREMENT.—The Attorney Gen13 eral shall submit biannually to the Committees on the Ju14 diciary of the House of Representatives and the Senate 

15 a report on executive clemency matters or cases delegated 

16 for review or investigation to the Attorney General by the 

17 President, including for each year—

18 (1) the number of petitions so delegated; 

19 (2) the number of reports submitted to the 

20 President; 

21 (3) the number of petitions for executive clem22 ency granted and the number denied; 

23 (4) the name of each person whose petition for 

24 executive clemency was granted or denied and the
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1 offenses of conviction of that person for which execu2 tive clemency was granted or denied; and 

3 (5) with respect to any person granted execu4 tive clemency, the date that any victim of an offense 

5 that was the subject of that grant of executive clem6 ency was notified, pursuant to Department of Jus7 tice regulations, of a petition for executive clemency, 

8 and whether such victim submitted a statement con9 cerning the petition. 

10 SEC. 107. PROCEDURES TO PROMOTE COMPLIANCE. 

11 (a) REGULATIONS.—Not later than 1 year after the 

12 date of enactment of this Act, the Attorney General of 

13 the United States shall promulgate regulations to enforce 

14 the rights of victims of crime described in section 502 of 

15 the Victims’ Rights and Restitution Act of 1990 (42 

16 U.S.C. 10606) and to ensure compliance by responsible 

17 officials with the obligations described in section 503 of 

18 that Act (42 U.S.C. 10607). 

19 (b) CONTENTS.—The regulations promulgated under 

20 subsection (a) shall—

21 (1) establish an administrative authority within 

22 the Department of Justice to receive and investigate 

23 complaints relating to the provision or violation of 

24 the rights of a crime victim; 
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1 (2) require a course of training for employees 

2 and offices of the Department of Justice that fail to 

3 comply with provisions of Federal law pertaining to 

4 the treatment of victims of crime, and otherwise as5 sist such employees and offices in responding more 

6 effectively to the needs of victims; 

7 (3) contain disciplinary sanctions, including 

8 suspension or termination from employment, for em9 ployees of the Department of Justice who willfully or 

10 wantonly fail to comply with provisions of Federal 

11 law pertaining to the treatment of victims of crime; 

12 and 

13 (4) provide that the Attorney General, or the 

14 designee of the Attorney General, shall be the final 

15 arbiter of the complaint, and that there shall be no 

16 judicial review of the final decision of the Attorney 

17 General by a complainant. 

18 TITLE II—VICTIM ASSISTANCE 

19 INITIATIVES 

20 SEC. 201. PILOT PROGRAMS TO ENFORCE COMPLIANCE 

21 WITH STATE CRIME VICTIM’S RIGHTS LAWS. 

22 (a) DEFINITIONS.—In this section, the following defi23 nitions shall apply: 

24 (1) COMPLIANCE AUTHORITY.—The term ‘‘com25 pliance authority’’ means 1 of the compliance au-
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1 thorities established and operated under a program 

2 under subsection (b) to enforce the rights of victims 

3 of crime. 

4 (2) DIRECTOR.—The term ‘‘Director’’ means 

5 the Director of the Office for Victims of Crime. 

6 (3) OFFICE.—The term ‘‘Office’’ means the Of7 fice for Victims of Crime. 

8 (b) PILOT PROGRAMS.—

9 (1) IN GENERAL.—Not later than 12 months 

10 after the date of enactment of this Act, the Attorney 

11 General, acting through the Director, shall establish 

12 and carry out a program to provide for pilot pro13 grams in 5 States to establish and operate compli14 ance authorities to enforce the rights of victims of 

15 crime. 

16 (2) AGREEMENTS.—

17 (A) IN GENERAL.—The Attorney General, 

18 acting through the Director, shall enter into an 

19 agreement with a State to conduct a pilot pro20 gram referred to in paragraph (1), which agree21 ment shall provide for a grant to assist the 

22 State in carrying out the pilot program. 

23 (B) CONTENTS OF AGREEMENT.—The 

24 agreement referred to in subparagraph (A) 

25 shall specify that—
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1 (i) the compliance authority shall be 

2 established and operated in accordance 

3 with this section; and 

4 (ii) except with respect to meeting ap5 plicable requirements of this section con6 cerning carrying out the duties of a com7 pliance authority under this section (in8 cluding the applicable reporting duties 

9 under subsection (f) and the terms of the 

10 agreement), a compliance authority shall 

11 operate independently of the Office. 

12 (C) NO AUTHORITY OVER DAILY OPER13 ATIONS.—The Office shall have no supervisory 

14 or decisionmaking authority over the day-to-day 

15 operations of a compliance authority. 

16 (c) OBJECTIVES.—

17 (1) MISSION.—The mission of a compliance au18 thority established and operated under a pilot pro19 gram under this section shall be to promote compli20 ance and effective enforcement of State laws regard21 ing the rights of victims of crime. 

22 (2) DUTIES.—A compliance authority estab23 lished and operated under a pilot program under 

24 this section shall—
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1 (A) receive and investigate complaints re2 lating to the provision or violation of the rights 

3 of a crime victim; and 

4 (B) issue findings following such investiga5 tions. 

6 (3) OTHER DUTIES.—A compliance authority 

7 established and operated under a pilot program 

8 under this section may—

9 (A) pursue legal actions to define or en10 force the rights of victims; 

11 (B) review procedures established by public 

12 agencies and private organizations that provide 

13 services to victims, and evaluate the delivery of 

14 services to victims by such agencies and organi15 zations; 

16 (C) coordinate and cooperate with other 

17 public agencies and private organizations con18 cerned with the implementation, monitoring, 

19 and enforcement of the rights of victims and 

20 enter into cooperative agreements with such 

21 agencies and organizations for the furtherance 

22 of the rights of victims; 

23 (D) ensure a centralized location for victim 

24 services information;
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1 (E) recommend changes in State policies 

2 concerning victims, including changes in the 

3 system for providing victim services; 

4 (F) provide public education, legislative ad5 vocacy, and development of proposals for sys6 temic reform; and 

7 (G) advertise to advise the public of its 

8 services, purposes, and procedures. 

9 (d) ELIGIBILITY.—To be eligible to receive a grant 

10 under this section, a State shall submit an application to 

11 the Director which includes assurances that—

12 (1) the State has provided legal rights to vic13 tims of crime at the adult and juvenile levels; 

14 (2) a compliance authority that receives funds 

15 under this section will include a role for—

16 (A) representatives of criminal justice 

17 agencies, crime victim service organizations, 

18 and the educational community; 

19 (B) a medical professional whose work in20 cludes work in a hospital emergency room; and 

21 (C) a therapist whose work includes treat22 ment of crime victims; and

23 (3) Federal funds received under this section 

24 will be used to supplement, and not to supplant, 
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1 non-Federal funds that would otherwise be available 

2 to enforce the rights of victims of crime. 

3 (e) PREFERENCE.—In awarding grants under this 

4 section, the Attorney General shall give preference to a 

5 State that provides legal standing to prosecutors and vic6 tims of crime to assert the rights of victims of crime. 

7 (f) OVERSIGHT.—

8 (1) TECHNICAL ASSISTANCE.—The Director 

9 may provide technical assistance and training to a 

10 State that receives a grant under this section to 

11 achieve the purposes of this section. 

12 (2) ANNUAL REPORT.—Each State that re13 ceives a grant under this section shall submit to the 

14 Director, for each year in which funds from a grant 

15 received under this section are expended, a report 

16 that contains—

17 (A) a summary of the activities carried out 

18 under the grant; 

19 (B) an assessment of the effectiveness of 

20 such activities in promoting compliance and ef21 fective implementation of the laws of that State 

22 regarding the rights of victims of crime; 

23 (C) a strategic plan for the year following 

24 the year covered under subparagraph (A); and 
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1 (D) such other information as the Director 

2 may require. 

3 (g) REVIEW OF PROGRAM EFFECTIVENESS.—

4 (1) IN GENERAL.—The Director of the National 

5 Institute for Justice shall conduct an evaluation of 

6 the pilot programs carried out under this section to 

7 determine the effectiveness of the compliance au8 thorities that are the subject of the pilot programs 

9 in carrying out the mission and duties described in 

10 subsection (c). 

11 (2) REPORT.—Not later than 5 years after the 

12 date of enactment of this Act, the Director of the 

13 National Institute of Justice shall submit to the 

14 Committee on the Judiciary of the House of Rep15 resentatives and the Committee on the Judiciary of 

16 the Senate a written report on the results of the 

17 evaluation required by paragraph (1). 

18 (h) DURATION.—A grant under this section shall be 

19 made for a period not longer than 4 years, but may be 

20 renewed for a period not to exceed 2 years on such terms 

21 as the Director may require. 

22 (i) AUTHORIZATION OF APPROPRIATIONS.—

23 (1) IN GENERAL.—There are authorized to be 

24 appropriated to carry out this section, to remain 

25 available until expended—
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1 (A) $5,000,000 for fiscal year 2004; and 

2 (B) such sums as may be necessary for 

3 each of the fiscal years 2005 and 2006. 

4 (2) EVALUATIONS.—Up to 5 percent of the 

5 amount authorized to be appropriated under para6 graph (1) in any fiscal year may be used for admin7 istrative expenses incurred in conducting the evalua8 tions and preparing the report required by sub9 section (g). 

10 SEC. 202. INCREASED RESOURCES TO DEVELOP STATE-OF11 THE-ART SYSTEMS FOR NOTIFYING CRIME 

12 VICTIMS OF IMPORTANT DATES AND DEVEL13 OPMENTS. 

14 The Victims of Crime Act of 1984 (42 U.S.C. 10601 

15 et seq.) is amended by inserting after section 1404C the 

16 following: 

17 ‘‘SEC. 1404D. VICTIM NOTIFICATION GRANTS. 

18 ‘‘(a) IN GENERAL.—The Director may make grants 

19 as provided in section 1404(c)(1)(A) to State, tribal, and 

20 local prosecutors’ offices, law enforcement agencies, 

21 courts, jails, and correctional institutions, and to qualified 

22 private entities, to develop and implement state-of-the-art 

23 systems for notifying victims of crime of important dates 

24 and developments relating to the criminal proceedings at 

25 issue on a timely and efficient basis. 
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1 ‘‘(b) INTEGRATION OF SYSTEMS.—Systems developed 

2 and implemented under this section may be integrated 

3 with existing case management systems operated by the 

4 recipient of the grant. 

5 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this sec7 tion—

8 ‘‘(1) $10,000,000 for fiscal year 2004; 

9 ‘‘(2) $5,000,000 for fiscal year 2005; and 

10 ‘‘(3) $5,000,000 for fiscal year 2006. 

11 ‘‘(d) FALSE CLAIMS ACT.—Notwithstanding any 

12 other provision of law, amounts collected pursuant to sec13 tions 3729 through 3731 of title 31, United States Code 

14 (commonly known as the ‘False Claims Act’), may be used 

15 for grants under this section.’’. 

16 SEC. 203. RESTORATIVE JUSTICE GRANTS. 

17 (a) PURPOSES.—The purposes of this section are 

18 to—

19 (1) hold juvenile offenders accountable for their 

20 offenses, while ensuring the continuing safety of vic21 tims; 

22 (2) involve victims and the community in the 

23 juvenile justice process; 

24 (3) obligate the offender to pay restitution to 

25 the victim and to the community through community
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1 service or through financial or other forms of res2 titution; and 

3 (4) equip juvenile offenders with the skills need4 ed to live responsibly and productively. 

5 (b) AUTHORITY TO MAKE GRANTS.—The Office of 

6 Justice Programs of the Department of Justice shall make 

7 grants, in accordance with such regulations as the Attor8 ney General may prescribe, to units of local governments, 

9 tribal governments, and qualified private entities to estab10 lish restorative justice programs, such as victim and of11 fender mediation, family and community conferences, fam12 ily and group conferences, sentencing circles, restorative 

13 panels, and reparative boards, as an alternative to, or in 

14 addition to, incarceration. 

15 (c) PROGRAM CRITERIA.—A program funded by a 

16 grant made under this section shall—

17 (1) be fully voluntary by both the victim and 

18 the offender (who must admit responsibility), once 

19 the prosecuting agency has determined that the case 

20 is appropriate for this program;

21 (2) include as a critical component account22 ability conferences, at which the victim will have the 

23 opportunity to address the offender directly, to de24 scribe the impact of the offense against the victim, 
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1 and the opportunity to suggest possible forms of res2 titution; 

3 (3) require that conferences be attended by the 

4 victim, the offender and, when possible, the parents 

5 or guardians of the offender, and the arresting offi6 cer; and 

7 (4) provide an early, individualized assessment 

8 and action plan to each juvenile offender in order to 

9 prevent further criminal behavior through the devel10 opment of appropriate skills in the juvenile offender 

11 so that the juvenile is more capable of living produc12 tively and responsibly in the community. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to carry out this sec15 tion—

16 (1) $8,000,000 for fiscal year 2004; and 

17 (2) $4,000,000 for each of the fiscal years 2005 

18 and 2006. 

19 SEC. 204. GRANTS TO DEVELOP INTERDISCIPLINARY CO20 ORDINATED SERVICE PROGRAMS FOR VIC21 TIMS OF CRIME. 

22 The Victims of Crime Act of 1984 (42 U.S.C. 10601 

23 et seq.) is amended by inserting after section 1404D, as 

24 added by section 202 of this Act, the following: 
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1 ‘‘SEC. 1404E. INTERDISCIPLINARY COORDINATED SERVICE 

2 PROGRAMS. 

3 ‘‘(a) IN GENERAL.—The Director is authorized to 

4 award grants under section 1404(c)(1)(A) to States, tribal 

5 governments, local governments, and qualified public or 

6 private entities, to develop and implement interdisciplinary 

7 coordinated service programs for victims of crime. 

8 ‘‘(b) DEFINITIONS.—In this section, the following 

9 definitions shall apply: 

10 ‘‘(1) INTERDISCIPLINARY COORDINATED SERV11 ICE PROGRAM.—The term ‘interdisciplinary coordi12 nated service program’ means a case management 

13 program that coordinates the various systems and 

14 programs that impact or assist victims of crime, in15 cluding—

16 ‘‘(A) the criminal justice system; 

17 ‘‘(B) public or private victim assistance or18 ganizations; 

19 ‘‘(C) victim compensation programs; 

20 ‘‘(D) public or private health care services; 

21 ‘‘(E) public or private mental health serv22 ices; 

23 ‘‘(F) community-based victim service orga24 nizations; 
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1 ‘‘(G) public or private educational services, 

2 including preschool, after-school care, and child 

3 care programs; and 

4 ‘‘(H) other public or private sources of 

5 services or assistance to victims of crime. 

6 ‘‘(2) EMERGENCY INTERDISCIPLINARY COORDI7 NATED SERVICE PROGRAM.—The term ‘emergency 

8 interdisciplinary coordinated service program’ means 

9 an interdisciplinary coordinated service program that 

10 responds to a community crisis. 

11 ‘‘(3) COMMUNITY CRISIS.—The term ‘commu12 nity crisis’ means a single crime or multiple related 

13 crimes that have a wide impact or serious con14 sequences on a community. 

15 ‘‘(4) LEAD ENTITY.—

16 ‘‘(A) IN GENERAL.—The term ‘lead entity’ 

17 means the State, tribal government, local pros18 ecutor’s office, or qualified public or private en19 tity with experience working across disciplines 

20 and agencies, that leads the interdisciplinary 

21 coordinated service program or emergency 

22 interdisciplinary coordinated service program. 

23 ‘‘(B) RESPONSIBILITIES.—The lead entity 

24 is responsible for distributing funds to any enti25 ties collaborating on the interdisciplinary co-
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1 ordinated service program or emergency inter2 disciplinary coordinated service program, as 

3 necessary. 

4 ‘‘(c) MISSION.—The mission of a program developed 

5 and implemented with a grant under this section shall be 

6 to—

7 ‘‘(1) streamline access to services by victims of 

8 crime; 

9 ‘‘(2) eliminate barriers to services for victims of 

10 crime; 

11 ‘‘(3) coordinate client services across disciplines 

12 to assure continuity of care, including the use of 

13 technology to link service providers to each other; 

14 ‘‘(4) improve how victims of crime experience 

15 the criminal justice system in order to promote co16 operation and trust; 

17 ‘‘(5) reduce duplication of effort in outreach 

18 and provision of services to victims; 

19 ‘‘(6) assist crime victims in avoiding unneces20 sary and repetitive interviewing, retelling of victim21 ization, and completion of applications; and 

22 ‘‘(7) improve service delivery through client 

23 input and feedback. 

24 ‘‘(d) PREFERENCE.—In awarding grants under this 

25 section, the Director shall give preference to lead entities
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1 that collaborate with the most comprehensive coalition of 

2 entities that impact or serve victims of crime. 

3 ‘‘(e) OVERSIGHT.—

4 ‘‘(1) FUNDING PROPOSAL.—The proposed dis5 tribution of funding among the lead entity and any 

6 collaborating entities shall be included in any grant 

7 application for funding. 

8 ‘‘(2) REPORT.—Each lead entity that receives a 

9 grant under this section shall submit to the Direc10 tor, for each year in which funds from a grant under 

11 this section are expended, a report assessing the ef12 fectiveness of the emergency interdisciplinary coordi13 nated service program or the interdisciplinary co14 ordinated service program. 

15 ‘‘(f) REVIEW OF PROGRAM EFFECTIVENESS.—

16 ‘‘(1) IN GENERAL.—The Director of the Na17 tional Institute for Justice shall conduct an evalua18 tion of the emergency interdisciplinary coordinated

19 service programs and the interdisciplinary coordi20 nated service programs carried out under this sec21 tion to determine the effectiveness and cost effective22 ness of the programs in carrying out the mission 

23 and duties described under subsection (c). 

24 ‘‘(2) REPORT.—Not later than 5 years after the 

25 date of enactment of this Act, the Director of the 
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1 National Institute of Justice shall submit, to the 

2 Committees on the Judiciary of the House of Rep3 resentatives and the Senate, a written report on the 

4 results of the evaluation required under paragraph 

5 (1). 

6 ‘‘(g) DURATION.—The Director shall award grants 

7 under this section for a period not to exceed 4 years, but 

8 may renew the grant for a period not to exceed 2 years 

9 on such terms as the Director may reasonably require. 

10 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—

11 ‘‘(1) IN GENERAL.—There are authorized to be 

12 appropriated, in addition to funds made available by 

13 section 1402(d)(4)(C)—

14 ‘‘(A) $6,000,000 for each of the fiscal 

15 years 2004 through 2007 for emergency inter16 disciplinary service programs; and 

17 ‘‘(B) $14,000,000 for each of the fiscal 

18 years 2004 through 2007 for interdisciplinary 

19 service programs. 

20 ‘‘(2) DEADLINES.—Funds appropriated for 

21 emergency interdisciplinary service programs shall 

22 be made available by the Director not later than 30 

23 days after the date of the community crisis and dis24 tributed not later than 120 days after the date of 

25 the community crisis. 
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1 ‘‘(3) TRANSFER OF UNEXPENDED FUNDS.—All 

2 funds appropriated, but not expended, for emergency 

3 interdisciplinary service programs during each fiscal 

4 year shall be obligated to interdisciplinary service 

5 programs for distribution in the subsequent fiscal 

6 year and shall not be diverted to offset increased 

7 spending. 

8 ‘‘(4) EVALUATION.—Funds appropriated pursu9 ant to paragraph (1) may be used to carry out the 

10 provisions under subsection (f). 

11 ‘‘(5) MAINTENANCE OF EFFORT.—Funds ap12 propriated pursuant to this section shall be used to 

13 supplement, and not supplant, non-Federal funds 

14 that would otherwise be available to support inter15 disciplinary service programs and emergency inter16 disciplinary service programs. 

17 ‘‘(i) FALSE CLAIMS ACT.—Notwithstanding any 

18 other provision of law, amounts collected pursuant to sec19 tions 3729 through 3731 of title 31, United States Code 

20 (commonly known as the ‘False Claims Act’), may be used 

21 for grants under this section.’’. 
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1 SEC. 205. GRANTS FOR SERVICES TO CRIME VICTIMS WITH 

2 SPECIAL COMMUNICATION NEEDS. 

3 The Victims of Crime Act of 1984 (42 U.S.C. 10601 

4 et seq.) is amended by inserting after section 1404E, as 

5 added by section 204 of this Act, the following: 

6 ‘‘SEC. 1404F. SERVICES TO VICTIMS WITH SPECIAL COMMU7 NICATION NEEDS. 

8 ‘‘(a) IN GENERAL.—The Director is authorized to 

9 award demonstration grants under section 1404(c)(1)(A) 

10 to States, tribal governments, local governments, and 

11 qualified public or private entities to support the extension 

12 of services to victims with special communication needs. 

13 ‘‘(b) MISSION.—The mission of a demonstration 

14 grant awarded under this section shall be to expand the 

15 capacity of victim service providers to serve crime victims 

16 with special communication needs relating to limited 

17 English proficiency, hearing loss, or developmental disabil18 ities. 

19 ‘‘(c) USE OF FUNDS.—Activities funded under a 

20 demonstration grant awarded under this section may in21 clude—

22 ‘‘(1) contracting with a telephonic interpreter 

23 service to offer services to a specified pool of victim 

24 service providers, at no additional cost to such serv25 ice providers or at a discounted rate; 

26 ‘‘(2) the use of local interpreters; 
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1 ‘‘(3) the use of bilingual or multilingual victim 

2 advocates or assistants; 

3 ‘‘(4) foreign language classes and cultural com4 petency training for service providers; 

5 ‘‘(5) translation of materials; 

6 ‘‘(6) hearing assistance devices; 

7 ‘‘(7) services to help individuals with develop8 mental disabilities understand court proceedings; 

9 ‘‘(8) community outreach; and 

10 ‘‘(9) other means to improve accessibility of vic11 tim services for crime victims with special commu12 nication needs. 

13 ‘‘(d) TASK FORCES.—

14 ‘‘(1) IN GENERAL.—To be eligible to receive a 

15 grant under this section, a State, tribal government, 

16 local government, or qualified public or private enti17 ty shall have established a task force to study needs 

18 and alternatives for promoting greater access to 

19 services for crime victims with special communica20 tion needs. 

21 ‘‘(2) MEMBERSHIP.—The task force referred to 

22 in paragraph (1) shall be composed of representa23 tives of—

24 ‘‘(A) system and non-system based victim 

25 service providers;
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1 ‘‘(B) the predominant ethnic communities; 

2 and 

3 ‘‘(C) individuals with severe hearing loss or 

4 developmental disabilities. 

5 ‘‘(3) RECOMMENDATIONS.—Each task force re6 ferred to in paragraph (1) shall—

7 ‘‘(A) study the issues described under 

8 paragraph (1) during the period of any grant 

9 awarded; and 

10 ‘‘(B) make specific recommendations for 

11 expenditures by the grant recipient. 

12 ‘‘(e) ANNUAL REPORT.—Each entity that receives a 

13 grant under this section shall submit to the Director, for 

14 each year in which funds from a grant received under this 

15 section are expended, a report containing—

16 ‘‘(1) a summary of the activities carried out 

17 under the grant;

18 ‘‘(2) an assessment of the effectiveness of such 

19 activities in extending services to previously unserved 

20 and underserved victims of crime; 

21 ‘‘(3) a strategic plan for the year following the 

22 year covered under paragraph (1); and 

23 ‘‘(4) such other information as the Director 

24 may require. 
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1 ‘‘(f) DURATION.—The Director shall award dem2 onstration grants under this section for a period not to 

3 exceed 4 years, but may renew the grant for a period not 

4 to exceed 2 years on such terms as the Director may rea5 sonably require. 

6 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to carry out this section, 

8 which shall remain available until expended—

9 ‘‘(1) $500,000 for fiscal year 2004; and 

10 ‘‘(2) $5,000,000 for each of the fiscal years 

11 2005 through 2007. 

12 ‘‘(h) FALSE CLAIMS ACT.—Notwithstanding any 

13 other provision of law, amounts collected pursuant to sec14 tions 3729 through 3731 of title 31, United States Code 

15 (commonly known as the ‘False Claims Act’) may be used 

16 for grants under this section.’’. 

17 TITLE III—AMENDMENTS TO 

18 VICTIMS OF CRIME ACT OF 1984

19 SEC. 301. FORMULA FOR DISTRIBUTIONS FROM THE CRIME 

20 VICTIMS FUND. 

21 (a) FORMULA FOR FUND DISTRIBUTIONS.—Section 

22 1402(c) of the Victims of Crime Act of 1984 (42 U.S.C. 

23 10601(c)) is amended to read as follows: 
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1 ‘‘(c) FUND DISTRIBUTION; RETENTION OF SUMS IN

2 FUND; AVAILABILITY FOR EXPENDITURE WITHOUT FIS3 CAL YEAR LIMITATION.—

4 ‘‘(1)(A) Except as provided in subparagraphs 

5 (B) and (C), the total amount to be distributed from 

6 the Fund in any fiscal year shall be not less than 

7 105 percent nor more than 115 percent of the total 

8 amount distributed from the Fund in the previous 

9 fiscal year, provided that the amount shall at a min10 imum be sufficient to fully provide grants in accord11 ance with sections 1403(a)(1), 1404(a)(1), and 

12 1404(c)(2). 

13 ‘‘(B) In any fiscal year that there is an insuffi14 cient amount in the Fund to fully provide grants in 

15 accordance with subparagraph (A), the amounts 

16 made available for grants under sections 1403(a), 

17 1404(a), and 1404(c) shall be reduced by an equal 

18 percentage. 

19 ‘‘(C) In any fiscal year that the total amount 

20 available in the Fund is more than 2 times the total 

21 amount distributed in the previous fiscal year, up to 

22 125 percent of the amount distributed in the pre23 vious fiscal year may be distributed. 

24 ‘‘(2) In each fiscal year, the Director shall dis25 tribute amounts from the Fund in accordance with 
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1 subsection (d). Notwithstanding any other provision 

2 of law, all sums deposited in the Fund that are not 

3 distributed shall remain in reserve in the Fund for 

4 obligation in future fiscal years, without fiscal year 

5 limitation.’’. 

6 (b) ESTABLISHMENT OF BASE AMOUNT FOR TOTAL

7 VICTIM ASSISTANCE GRANTS.—Section 1404(a)(1) of the 

8 Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(1)) 

9 is amended—

10 (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(B) Except as provided in section 

13 1402(c)(1)(B), the total amount distributed to 

14 States under this subsection in any fiscal year shall 

15 not be less than the average amount distributed for 

16 this purpose during the prior 3 fiscal years.’’. 

17 (c) ESTABLISHMENT OF BASE AMOUNT FOR OVC 

18 DISCRETIONARY GRANTS.—Section 1404(c)(2) of the Vic19 tims of Crime Act of 1984 (42 U.S.C. 10603(c)(2)) is 

20 amended by inserting after ‘‘(2)’’ the following: ‘‘Except 

21 as provided in section 1402(c)(1)(B), the amount available 

22 for grants under this subsection in any fiscal year shall 

23 not be less than the average amount available for this pur24 pose during the prior 3 fiscal years.’’. 
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1 SEC. 302. CLARIFICATION REGARDING ANTITERRORISM 

2 EMERGENCY RESERVE. 

3 Section 1402(d)(5)(C) of the Victims of Crime Act 

4 of 1984 (42 U.S.C. 10601(d)(5)(C)) is amended by insert5 ing ‘‘, and any amounts used to replenish such reserve,’’ 

6 after ‘‘any such amounts carried over’’. 

7 SEC. 303. PROHIBITION ON DIVERTING CRIME VICTIMS 

8 FUND TO OFFSET INCREASED SPENDING. 

9 (a) PURPOSE.—The purpose of this section is to en10 sure that amounts deposited in the Crime Victims Fund 

11 (as established by section 1402(a) of the Victims of Crime 

12 Act of 1984 (42 U.S.C. 10601(a)) are distributed in a 

13 timely manner to assist victims of crime as intended by 

14 current law and are not diverted to offset increased spend15 ing. 

16 (b) TREATMENT OF CRIME VICTIMS FUND.—Section 

17 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 

18 10601) is amended by adding at the end the following: 

19 ‘‘(h) For purposes of congressional points of order, 

20 the Congressional Budget Act of 1974, and the Balanced 

21 Budget and Emergency Deficit Control Act of 1985, any 

22 limitation on spending from the Fund included in the 

23 President’s budget or enacted in appropriations legislation 

24 for fiscal year 2004 or any subsequent fiscal year shall 

25 not be scored as discretionary savings.’’.

Æ