I 
116TH CONGRESS 
1ST SESSION H. R. 4729 
To protect the rights of crime victims, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 17, 2019 
Ms. SPEIER (for herself, Mr. BROOKS of Alabama, Ms. FRANKEL, Mr. PERRY, 
Mrs. BUSTOS, Ms. CASTOR of Florida, Mr. CISNEROS, Mr. COHEN, Mrs. 
DINGELL, Ms. NORTON, Mr. RYAN, Mrs. TORRES of California, and Mrs. 
WAGNER) introduced the following bill; which was referred to the Com-
mittee on the Judiciary 
A BILL 
To protect the rights of crime victims, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Courtney Wild Crime 
Victims’ Rights Reform Act of 2019’’. 
SEC. 2. CRIME VICTIMS’ RIGHTS. 
Section 3771 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
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(A) in paragraph (5), by striking ‘‘Govern-
ment in the case’’ and inserting ‘‘the Govern-
ment, including the right to confer about any 
plea bargain or other resolution of the case be-
fore such plea bargain or resolution is presented 
to the court or otherwise finalized’’; and 
(B) in paragraph (9), by striking ‘‘or de-
ferred prosecution agreement’’ and inserting 
‘‘deferred prosecution agreement, nonprosecu-
tion agreement, or the referral of a criminal in-
vestigation to another Federal, State, or local 
law enforcement entity. In the case of a non-
prosecution agreement or referral of a criminal 
investigation to another law enforcement entity, 
upon a showing of good cause, which shall be 
based upon public safety and the needs of re-
lated ongoing prosecutions, the victim may be 
required to maintain the confidentiality of any 
nonpublic information disclosed to the victim. 
Any such duty of confidentiality may not be 
greater than that of the Government or the de-
fendant. The Attorney General may assess a 
civil penalty for any breach of confidentiality 
under this section, after notice and an oppor-
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tunity for a hearing, of not more than $500 for 
each violation.’’; 
(2) in subsection (c)(1), by inserting after the 
period at the end the following: ‘‘If a dispute arises 
about whether the officers and employees have made 
such best efforts, the Department of Justice shall 
promptly provide to the victim and, if requested, to 
the court reviewing the issue all relevant information 
and documents concerning the circumstances, in-
cluding steps taken to comply with this subsection.’’; 
(3) in subsection (d)— 
(A) in paragraph (1), by inserting after 
‘‘the Government’’ the following: ‘‘with the in-
formed consent of the victim, the Government 
(including a Special Victims’ Advocate appear-
ing pursuant to paragraph (8))’’; 
(B) in paragraph (2), by inserting after 
the period at the end the following: ‘‘The proce-
dure fashioned by the court under this para-
graph shall have no effect on the duty of offi-
cers and employees of the Government to make 
their best efforts to accord crime victims the 
rights described in subsection (a).’’; 
(C) in paragraph (3), by striking ‘‘forth-
with’’ and inserting ‘‘forthwith, and the Govern-
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ment shall provide promptly to the Court all in-
formation and documents relevant to the asser-
tion of the right’’; 
(D) by amending paragraph (5) to read as 
follows: 
‘‘(5) RE-OPENING PROCEEDINGS.— 
‘‘(A) In no case shall a failure to afford a 
right under this chapter provide grounds for a 
new trial. 
‘‘(B) A victim who received reasonable no-
tice of the relevant proceedings may make a 
motion to re-open a plea or sentence only if— 
‘‘(i) the victim has asserted the right 
to be heard before or during the pro-
ceeding at issue and such right was denied; 
‘‘(ii) the victim petitions the court of 
appeals for a writ of mandamus within 30 
days; and 
‘‘(iii) in the case of a plea, the ac-
cused has not pled to the highest offense 
charged. 
‘‘(C) A victim may bring a motion to re- 
open a plea or sentence, not later than 180 
days after the relevant proceeding, upon the 
basis that the victim was not able to assert the 
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right to be heard during the proceeding because 
the victim did not have reasonable and timely 
notice of the proceeding.’’; 
(E) by redesignating paragraph (6) as 
paragraph (10); and 
(F) by inserting after paragraph (5) the 
following: 
‘‘(6) MOTION
TO
ANNUL
PROSECUTORIAL 
AGREEMENTS.—A crime victim may make a motion 
to rescind a deferred prosecution or may bring an 
action in the district court to annul a nonprosecu-
tion agreement based upon a showing by clear and 
convincing evidence that the Government violated 
the rights provided for crime victims in this section. 
‘‘(7) REMEDIES.—For proceedings under para-
graphs (5) and (6), upon a finding that a victim’s 
rights have been violated, the court shall impose a 
just and appropriate remedy to address such viola-
tion. In determining the appropriate remedy, the 
court may convene a hearing for victim impact state-
ments, and consider the testimony at any such hear-
ing. 
‘‘(8) SPECIAL VICTIMS’ ADVOCATE.—The Na-
tional Coordinator may appear in a criminal action 
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as a Special Victims’ Advocate to protect the rights 
of crime victims in this section. 
‘‘(9) ATTORNEYS’ FEES.—A crime victim who 
prevails against the United States in an action to 
enforce a right under this section shall be entitled to 
an award of reasonable attorneys’ fees and expenses, 
as provided in section 2412 of title 28, United 
States Code.’’; 
(4) in subsection (e)(2)(A), by striking ‘‘the 
commission of a’’ and inserting ‘‘a suspected, al-
leged, charged, or convicted’’; and 
(5) by striking subsection (f). 
SEC. 3. DEPARTMENT OF JUSTICE OFFICIALS RESPON-
SIBLE FOR ENSURING VICTIMS’ RIGHTS. 
(a) IN GENERAL.—Chapter 237 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 3772. Office of the National Coordinator for Vic-
tims’ Rights 
‘‘(a) ESTABLISHMENT.—There is established within 
the Office of the Deputy Attorney General of the Depart-
ment of Justice, the Office of the National Coordinator 
for Victims’ Rights, headed by the National Coordinator 
for Victims’ Rights (in this section referred to as the ‘Na-
tional Coordinator’), for the purpose of reviewing deter-
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minations of the Ombudsman, monitoring and appearing 
in court proceedings as Special Victim’s Advocate to pro-
tect the rights of victims, and developing standards for 
treatment of victims. 
‘‘(b) DUTIES.—The National Coordinator shall have 
the following duties: 
‘‘(1) REVISIONS.—Not less than once every 2 
years, the National Coordinator, in consultation with 
the Ombudsman, the Director of the Office of Vio-
lence Against Women, the Director of the Federal 
Bureau of Investigation, the litigating components of 
the Department of Justice, and victims’ rights and 
services groups, shall review and, if necessary, rec-
ommend the revision of the rules issued by the At-
torney General under section 3774. 
‘‘(2) ADVOCATE.—The National Coordinator 
may appear before the court and act as a Special 
Victims’ Advocate, either upon receiving a request 
from 
the 
Ombudsman 
pursuant 
to 
section 
3773(b)(5), upon a request from a prosecutor, or in 
the discretion of the National Coordinator based on 
the circumstances. 
‘‘(3) TRAINING.—The National Coordinator 
shall coordinate a mandatory course of training on 
the treatment of crime victims for each officer or 
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employee of the Department of Justice who interacts 
with crime victims as a part of their official duties. 
‘‘(4) SANCTIONS.—The National Coordinator 
may apply disciplinary sanctions, including suspen-
sion or termination from employment and delay of 
promotion on the General Schedule or other relevant 
pay schedule, for officers and employees of the De-
partment of Justice who fail to comply with section 
3771(a) or section 503 of the Victims’ Rights and 
Restitution Act of 1990 (34 U.S.C. 20141). 
‘‘(5) MINIMUM REQUIREMENTS.—The National 
Coordinator shall develop best practices for pro-
tecting the rights of crime victims, which may exceed 
the minimum legal requirements set forth in this 
chapter and shall be relevant to determining whether 
an officer or employee of the Department of Justice 
has made best efforts to ensure that crime victims 
are notified of, and accorded, the rights described in 
section 3771(a) or section 503 of the Victims’ 
Rights and Restitution Act of 1990 (34 U.S.C. 
20141). 
‘‘(c) AWARD.— 
‘‘(1) IN GENERAL.—The National Coordinator 
may, upon a final determination that an officer or 
employee of the Department of Justice intentionally 
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violated the rights of a victim, award the victim not 
more than $15,000, to be paid out of the fund de-
scribed in section 1304 of title 31. 
‘‘(2) SUPPLEMENTAL.—The award payable 
under this subsection shall be in addition to any 
other restitution or recovery to which the crime vic-
tim is entitled as a result of the crime. 
‘‘§ 3773. Office of Crime Victims’ Rights 
‘‘(a) ESTABLISHMENT.—There is established within 
the Executive Office for United States Attorneys of the 
Department of Justice, the Office of Crime Victims’ 
Rights, headed by the Crime Victims’ Rights Ombudsman 
(in this section referred to as the ‘Ombudsman’), for the 
purposes of— 
‘‘(1) receiving, coordinating investigations of, 
and adjudicating complaints relating to a violation of 
the rights of a crime victim; and 
‘‘(2) serving as a central resource for informa-
tion and contact in the Department of Justice for 
crime victims. 
‘‘(b) DUTIES.—The Ombudsman shall have the fol-
lowing duties: 
‘‘(1) COMPLAINT
SUBMISSION
SYSTEM.—The 
Ombudsman shall develop a streamlined system for 
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submitting complaints to the Ombudsman electroni-
cally and by mail. 
‘‘(2) POINTS OF CONTACT.—The Ombudsman 
shall appoint a point of contact for each office of the 
Department of Justice and mandate annual training 
for each point of contact on the requirements and 
expectations of Department of Justice officers and 
employees with respect to the rights of crime vic-
tims. 
‘‘(3) COMPLAINT PROCESS.—The Ombudsman 
shall establish, in coordination with the National Co-
ordinator, a process for the Ombudsman— 
‘‘(A) to directly receive any complaint from 
crime victims for violations of their rights under 
section 3771(a) or section 503 of the Victims’ 
Rights and Restitution Act of 1990 (34 U.S.C. 
20141) by an officer or employee of the Depart-
ment of Justice and to refer the complaint to 
the point of contact at each relevant office for 
investigation, initial findings, and recommenda-
tions; 
‘‘(B) in the case that the point of contact 
has a conflict of interest, to refer the complaint 
to another officer in a relevant office to address 
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the complaint, who shall be designated as the 
point of contact with respect to that complaint; 
‘‘(C) to provide the complainant an oppor-
tunity to be heard by the point of contact and 
respond to initial findings of the point of the 
contact; 
‘‘(D) to review the findings and rec-
ommendations of the point of contact; and 
‘‘(E) to, not later than 90 days after re-
ceipt of a complaint— 
‘‘(i) make a final determination based 
on the findings and recommendations of 
the point of contact on whether there was 
any violation of the rights of the crime vic-
tim; and 
‘‘(ii) in the case that there is a viola-
tion, identify each officer or employee re-
sponsible for the violation, the severity of 
the violation, and any relief or disciplinary 
sanction to be imposed. 
‘‘(4) REPORT
DETERMINATIONS.—The Om-
budsman shall report to the complainant the deter-
minations made under paragraph (3), after which 
the complainant shall have an opportunity to appeal 
to the National Coordinator, except in a case in 
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which the complaint concerns the conduct of the Na-
tional Coordinator, in which case the appeal shall be 
to the Attorney General or a designee of the Attor-
ney General. Whether or not there is an appeal, the 
Ombudsman shall refer the determinations to the 
National Coordinator for final review and approval 
and application of any disciplinary sanctions or 
award. 
‘‘(5) APPOINT ADVOCATE.— 
‘‘(A) REQUEST.—The Ombudsman shall 
develop a process by which victims may submit 
a request for the National Coordinator to ap-
pear before the court and act as a Special Vic-
tims’ Advocate. 
‘‘(B) REFERRAL.—The Ombudsman shall 
refer to the National Coordinator any request 
received pursuant to the process developed 
under subparagraph (A). 
‘‘(6) COMPLAINT PERIOD.—A victim of a crime 
may submit a complaint under this subsection end-
ing on the date that is 1 year after the victim learns 
of a violation of their rights under section 3771(a) 
or section 503 of the Victims’ Rights and Restitu-
tion Act of 1990 (34 U.S.C. 20141) by an officer or 
employee of the Department of Justice or 2 years 
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after the actual violation, whichever is later, except 
that the National Coordinator may extend such date 
if the National Coordinator determines an extension 
to be necessary to accord the victim of a crime their 
rights upon a showing of good cause. 
‘‘§ 3774. General provisions 
‘‘(a) RULE MAKING.—The Attorney General shall 
issue such rules as may be necessary to carry out this 
chapter. 
‘‘(b) REPORTS TO CONGRESS.— 
‘‘(1) IN GENERAL.—The Attorney General shall 
submit to Congress a report on— 
‘‘(A) significant steps taken to improve the 
Department’s best efforts to accord crime vic-
tims their rights; 
‘‘(B) the number of complaints filed with 
the Ombudsman and the outcome of those com-
plaints (including any disciplinary action); and 
‘‘(C) a list of all cases in which a court has 
determined that there has been a failure to ac-
cord crime victims their rights and the best ef-
forts made by officers and employees of the De-
partment of Justice in each case. 
‘‘(2) ANNUAL AND BIANNUAL REPORTS.—The 
report described in paragraph (1) shall be submitted 
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not later than 1 year after the date of enactment of 
this section and— 
‘‘(A) annually thereafter for a period of 2 
years; and 
‘‘(B) biannually after the end of the period 
described in subparagraph (A).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 237 of title 18, United States Code, is amend-
ed by adding at the end the following: 
‘‘3772. Office of the National Coordinator for Victims’ Rights. 
‘‘3773. Office of Crime Victims’ Rights. 
‘‘3774. General provisions.’’. 
(c) JUDICIAL TRAINING ON THE RIGHTS OF CRIME 
VICTIMS.—Not later than 1 year after the date of enact-
ment of this Act, the Director of the Federal Judicial Cen-
ter shall, in consultation with victims’ rights and services 
groups— 
(1) create a guidebook for Federal judges and 
judicial employees explaining legal requirements re-
garding crime victims’ rights and best practices for 
affording those rights in judicial proceedings; and 
(2) incorporate the concepts from the guidebook 
in the Federal Judicial Center’s judicial orientation 
training. 
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SEC. 4. CRIME VICTIM LEGAL ASSISTANCE GRANTS. 
Section 1404D of the Victims of Crime Act of 1984 
(34 U.S.C. 20107) is amended by adding at the end the 
following: 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—In ad-
dition to funds made available under section 1402(d), 
there are authorized to be appropriated to carry out this 
section $13,000,000 for each of fiscal years 2021, 2022, 
2023, 2024, and 2025.’’. 
SEC. 5. NATIONAL RESOURCE CENTER ON CRIME VICTIMS’ 
RIGHTS. 
(a) AUTHORITY.—The Attorney General, acting 
through the Ombudsman of the Office of Crime Victims’ 
Rights, may award a grant to an eligible nonprofit entity 
or tribal organization, in order to provide for the establish-
ment and operation of a national resource center on crime 
victims’ rights. The resource center shall provide informa-
tion and assistance to lawyers and organizations that pro-
vide legal assistance to aid in efforts to advocate for crime 
victims’ rights in Federal jurisdictions and in States and 
tribal jurisdictions that have laws substantially similar to 
the provisions of section 3771 of title 18, United States 
Code. 
(b) APPLICATIONS.—To be eligible to receive a grant 
under this section, an entity or organization shall submit 
an application to the Attorney General at such time, in 
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such manner, and containing such information as the At-
torney General may require, including information that 
demonstrates that the entity or organization has nation-
ally recognized expertise in the area of crime victims’ 
rights. 
(c) USE OF GRANT AMOUNT.—An entity or organiza-
tion that receives a grant under this section may use the 
funds made available through the grant for staff salaries, 
travel expenses, equipment, printing, and other reasonable 
expenses necessary to develop, maintain, and disseminate 
to lawyers and organizations described in subsection (a), 
information and assistance concerning legal representation 
to assist victims of a crime. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$1,500,000 for each of fiscal years 2021 through 2025. 
(e) AVAILABILITY OF GRANT FUNDS.—Funds appro-
priated under this section shall remain available until ex-
pended. 
SEC. 6. STREAMLINING VICTIM NOTIFICATION. 
Section 3664(d) of title 18, United States Code, is 
amended— 
(1) in paragraph (2), by striking ‘‘The proba-
tion officer’’ and inserting ‘‘Subject to paragraph 
(7), the probation officer’’; and 
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(2) by adding at the end the following: 
‘‘(7) Paragraph (2) shall not apply if an officer 
or employee of the Department of Justice or other 
department or agency of the United States provides 
to a victim notice and an affidavit form under sec-
tion 3771(c)(1) before the probation officer submits 
a presentence report under subsection (a).’’. 
SEC. 7. IMPROVEMENTS FOR ORDERS OF RESTITUTION. 
(a) CHANGES IN PROCEDURES FOR ORDERS OF RES-
TITUTION.—Section 3664 of title 18, United States Code, 
is amended— 
(1) in subsection (d)(2)(A)(v), by striking 
‘‘(B)’’ and inserting ‘‘(D)’’; 
(2) in subsection (f)(2)— 
(A) by inserting ‘‘the amount owed, that 
this amount is payable immediately, and’’ after 
‘‘order’’; and 
(B) by striking ‘‘, and the schedule accord-
ing to which,’’; 
(3) in subsection (f)(3), by amending subpara-
graph (B) to read as follows: 
‘‘(B) Notwithstanding any payment sched-
ule entered by the court, each order of restitu-
tion shall be a civil debt, payable immediately, 
and subject to the enforcement procedures pro-
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vided in this section. No payment schedule im-
posed by the court shall preclude the United 
States from enforcing an order of restitution 
pursuant to this section, nor shall any payment 
schedule imposed by the court preclude collec-
tion pursuant to the Bureau of Prisons’ Inmate 
Financial Responsibility Program.’’; 
(4) in subsection (k), by striking the last sen-
tence; 
(5) in subsection (m), by amending paragraph 
(1) to read as follows: 
‘‘(1) An order of restitution may be enforced as 
follows: 
‘‘(A) An order may be enforced through 
civil practices and procedures before the liability 
for restitution is satisfied, remitted, set aside, 
or terminated under section 3613. 
‘‘(B) An order may be enforced by the 
United States in the manner provided for in 
subchapter C of chapter 227 and subchapter B 
of chapter 229 of this title. 
‘‘(C) An order may be enforced by any vic-
tim named in the restitution order in accord-
ance with section 1962 of title 28. At the re-
quest of a victim named in a restitution order, 
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the clerk of the court shall issue an abstract of 
judgment certifying that a judgment has been 
entered in favor of such victim in the amount 
specified in the restitution order. Upon reg-
istering, recording, docketing, or indexing such 
abstract in accordance with the rules and re-
quirements relating to judgments of the court 
of the State where the district court is located, 
the abstract of judgment shall be a lien on the 
property of the defendant located in such State 
in the same manner and to the same extent and 
under the same conditions as a judgment of a 
court of general jurisdiction in that State.’’; 
and 
(6) by inserting after subsection (p) the fol-
lowing: 
‘‘(q) Upon motion of the Government or petition by 
the probation office, the court shall conduct a hearing to 
determine whether the defendant has knowingly refused 
to make a restitution payment. If the court finds that the 
defendant is in default, the court may take any action de-
scribed in sections 3613A and 3614 of this title, to obtain 
compliance with the order of restitution or to sanction the 
defendant for knowing refusal to pay.’’. 
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(b) EXPANSION OF CIVIL REMEDIES FOR ORDERS OF 
RESTITUTION.—Section 3613 of title 18, United States 
Code, is amended— 
(1) in the section heading, by inserting ‘‘OR 
RESTITUTION’’ after ‘‘FINE’’; 
(2) in subsection (a), by inserting ‘‘or restitu-
tion’’ after ‘‘fine’’ each place it appears; 
(3) in subsection (b)— 
(A) by inserting ‘‘or restitution’’ after 
‘‘fine’’; and 
(B) by inserting ‘‘or ordered to pay restitu-
tion’’ after ‘‘fined’’ each place it appears; and 
(4) in subsection (e), by inserting ‘‘or restitu-
tion’’ after ‘‘fine’’. 
Æ 
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