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H.R.206 — 93rd Congress (1973-1974) [93rd]
Sponsor:
Rep. Metcalfe, Ralph H. [D-IL-1] (Introduced 01/03/1973)

Summary:
Summary: H.R.206 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/03/1973)

National Crime Victims Compensation Act - Declares it to be the purpose of this Act to commit the United States to meet its moral obligation to assist the innocent victims of violent crime, their families and dependents in financial need, by direct aid to those within the area primarily of Federal responsibility, and by assistance to the States to aid those within the area of primarily State responsibility, by the establishment of insurance and benefit programs for public safety officers and their families and dependents, and by the strengthening of the civil remedies available to victims of racketeering activity.

Title I: Compensation For Victims of Violent Crime - Sets forth definitions of terms used in this title.

Establishes the Violent Crimes Compensation Board within the Department of Justice which shall consist of three members to be appointed by the President, by and with the advice and consent of the Senate. Sets forth the terms of office of the members of the Board.

States that in order to carry out the purposes of this title the Board shall: (1) receive and process applications under the provisions of this title for compensation for personal injury or death resulting from criminal acts enumerated in this title; (2) hold such hearings, sit and act at such times and places, and take such testimony as the Board or any member thereof may deem adviseable; (3) order the payment of compensation to victims and other beneficiaries in accordance with the provisions of this title; and (4) take such other action as it deems necessary and appropriate to carry out the provisions of this title.

Provides that the Board may order the payment of compensation: (1) to or on behalf of the victim; or (2) in the case of the personal injury of the victim where the compensation is for pecuniary loss suffered as a result of the personal injury by any person, to that person; or (3) in the case of the death of the victim to or for the benefit of the dependent of the deceased victim, or to any one or more dependents, or to any person who has suffered pecuniary loss as a result of that death.

Requires that no order may be made under this title unless the Board finds that a criminal act or omission did occur and the injury or death was proximately caused by such act or omission.

Sets forth the crimes to which this title applies.

Makes provisions for attorney's fees for services rendered in proceedings under this title. Provides penalties for any attorney who charges or collects fees in excess of those allowed under this title.

Provides that the orders and decisions of the Board shall be reviewable in the appropriate court of appeals except that no trial de novo of the facts determined by the Board shall be allowed.

States that no order for the payment of compensation shall be made unless: (1) the application has been made within one year after the date of the personal injury or death, or within such further extension of time as the Board, for good cause shown, allows; (2) the applicant has incurred a minimum pecuiniary loss of $50 or has lost two continuous weeks' earnings or support; and (3) the act resulting in personal injury or death for which the compensation is to be paid was reported to the law enforcement officials within seventy-two hours after its occurrence.

Provides that the aggregate of orders for payment of compensation under this title as the result of any one criminal act, omission, or occurrence shall not be in excess of $50,000.

Authorizes the Board to make emergency payments to an applicant pending a final decision on the application if: (1) such application is one with respect to which an order of payment will probably be made, and (2) undue hardship may result to the applicant if immediate payment is not made.

States that whenever any person is convicted of a crime and an order for the payment of compensation is made under this title for a personal injury or death resulting from such crime, the Attorney General may, within one year from the date on which the judgement of conviction became final, institute an action against such person for the recovery of all or a specified part of such compensation. Provides that any amounts recovered shall deposited in the Criminal Victims Indemnity Fund established under this title.

Provides that an order for payment of compensation shall not affect the right of any person to recover damages from any other person by a civil action for the injury or death.

Requires the Federal law enforcement agency investigating a crime to inform the victims of their eligibility to make an application for compensation. States that such agency shall supply forms to each person who is eligible to file such a claim. Provides that the Board shall be informed of the failure of the victim to cooperate in the identification, apprehension and conviction of the perpetrator of the crime.

Provides that the Board shall transmit to the Congress an annual report of its activities under this title, including the name of each applicant, a brief description of the facts in each case, and the amount of compensation awarded.

Provides that the Law Enforcement Assistance Administration shall make grants to a State applying for the Federal share of costs of State programs to compensate victims of violent crime only if, after consultation with the Board, it determines that such State has enacted legislation which: (1) establishes a State agency having the capacity to hear or determine applications; (2) provides for the payment of compensation for pecuniary loss actually and necessarily incurred for personal injuries or death resulting from crimes listed under this title; and (3) contains adequate provisions for the recovery of compensation from the perpetrator of the crime.

Declares that any State desiring to receive a grant under the Omnibus Crime Control and State Streets Act of 1968 shall submit a State plan to the Administration. Sets forth provisions that such a plan shall contain. Provides that the Federal share of such programs shall be 75 percent for any fiscal year.

Title II: Group Insurance For Public Safety Officers - Authorizes the Law Enforcement Assistance Administration to purchase from life insurance companies a policy or policies of group life insurance to provide the benefits provided under this Act.

Provides that each such life insurance company must: (1) be licensed to issue life insurance in each of the fifty States of the United States and in the District of Columbia, and (2) as of the most recent December 31 for which information is available to the Administration have in effect at least 1 percent of the total amount of group life insurance which all life insurance companies have in effect in the United States.

Provides that any purchased policy will automatically insure any public safety officer employed on a full time basis by a State or local government which has applied to participate in the insurance program and agrees to deduct from such officer's pay the amount of the premium, to be forwarded to the proper Federal agency. Specifies the amount of life insurance an officer may receive on the basis of their pay rate.

Provides that each policy purchased by the Administration under this Act shall contain a provision, in terms approved by the Administration, to the effect that any insurance thereunder on any public safety officer shall cease thirty-one days after: (1) his separation or release from full-time duty as such an officer or (2) discontinuance of his pay as such an officer, whichever is earlier.

Provides that each policy purchased by the Administration under this Act shall contain a provision for the conversion of such insurance effective the day following the date such insurance would cease. Specifies that during the period such insurance is in force the insured, upon request to the office, shall be furnished a list of life insurance companies participating in the program established under this Act and upon written application (within such period) to the participating company selected by the insured and payment of the required premiums be granted insurance without a medical examination on a permanent plan then currently written by such company which does not provide for the payment of any sum less than the face value thereof or for the payment of an additional amount of premiums if the insured engages in public safety activities.

Requires that during any period in which a public safety officer is insured under a policy of insurance purchased by the Administration under this Act his employer shall withhold each month from his basic or other pay until separation or release from full-time duty as a public safety officer an amount determined by the Administration to be such officer's share of the cost of his group life insurance and accidental death and dismemberment insurance.

Sets forth the order of precedence in which the survivors of the officers will be awarded insurance benefits.

States that such policy issued under this title shall include a schedule of basic premium rates and provide for the readjustment of rates.

Establishes an Advisory Council on Public Safety Officers Group Life Insurance consisting of the Attorney General as Chairman, the Secretary of the Treasury, the Secretary of Health, Education, and Welfare, and the Director of the Office of Management and Budget. Provides that the Council shall meet once a year, or more often at the call of the Attorney General, and shall review the administration of this Act and advise the Attorney General on matters of policy relating to activities thereunder.

Title III: Death and Disability Benefits For Public Safety Officers - Sets forth definitions of terms used in this Act.

Sets forth the order of precedence for the payment of benefits. Provides that upon certification by the Governor of any State that a public safety officer has been killed or disabled as a result of a criminal act in the line of duty the Administration shall make an award of $50,000 in the case of death or the loss of two members or loss of sight in both eyes, and $25,000 in the case of the loss of one hand or of one foot or the loss of sight of one eye.

Title IV: Miscellaneous Provisions - Authorizes to be appropriated for the fiscal year ending June 30, 1974: (1) $10,000,000 for the purposes of Part F (Federal Compensation for Victims of Violent Crime) of the Omnibus Crime Control and Safe Streets Act of 1968; and (2) $20,000,000 for the purposes of paragraph (10) of subsection (b) of section 301 of Part C (Grants for Law Enforcement Purposes) of such Act.

Authorizes to be appropriated $25,000,000 for the fiscal year ending June 30, 1974, and $50,000,000 for the fiscal year ending June 30, 1975, for the purposes of part G (Group Insurance for Public Safety Officers) of such Act. Authorizes to be appropriated $40,000,000 for the fiscal year ending June 30, 1973, and $20,000,000 for the fiscal year ending June 30 ,1074 and for the purposes of part H (Death and Disability Benefits for Officers) of such Act.

Sets forth the effective date for the titles of this Act.


Major Actions:
Summary: H.R.206 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/03/1973)

National Crime Victims Compensation Act - Declares it to be the purpose of this Act to commit the United States to meet its moral obligation to assist the innocent victims of violent crime, their families and dependents in financial need, by direct aid to those within the area primarily of Federal responsibility, and by assistance to the States to aid those within the area of primarily State responsibility, by the establishment of insurance and benefit programs for public safety officers and their families and dependents, and by the strengthening of the civil remedies available to victims of racketeering activity.

Title I: Compensation For Victims of Violent Crime - Sets forth definitions of terms used in this title.

Establishes the Violent Crimes Compensation Board within the Department of Justice which shall consist of three members to be appointed by the President, by and with the advice and consent of the Senate. Sets forth the terms of office of the members of the Board.

States that in order to carry out the purposes of this title the Board shall: (1) receive and process applications under the provisions of this title for compensation for personal injury or death resulting from criminal acts enumerated in this title; (2) hold such hearings, sit and act at such times and places, and take such testimony as the Board or any member thereof may deem adviseable; (3) order the payment of compensation to victims and other beneficiaries in accordance with the provisions of this title; and (4) take such other action as it deems necessary and appropriate to carry out the provisions of this title.

Provides that the Board may order the payment of compensation: (1) to or on behalf of the victim; or (2) in the case of the personal injury of the victim where the compensation is for pecuniary loss suffered as a result of the personal injury by any person, to that person; or (3) in the case of the death of the victim to or for the benefit of the dependent of the deceased victim, or to any one or more dependents, or to any person who has suffered pecuniary loss as a result of that death.

Requires that no order may be made under this title unless the Board finds that a criminal act or omission did occur and the injury or death was proximately caused by such act or omission.

Sets forth the crimes to which this title applies.

Makes provisions for attorney's fees for services rendered in proceedings under this title. Provides penalties for any attorney who charges or collects fees in excess of those allowed under this title.

Provides that the orders and decisions of the Board shall be reviewable in the appropriate court of appeals except that no trial de novo of the facts determined by the Board shall be allowed.

States that no order for the payment of compensation shall be made unless: (1) the application has been made within one year after the date of the personal injury or death, or within such further extension of time as the Board, for good cause shown, allows; (2) the applicant has incurred a minimum pecuiniary loss of $50 or has lost two continuous weeks' earnings or support; and (3) the act resulting in personal injury or death for which the compensation is to be paid was reported to the law enforcement officials within seventy-two hours after its occurrence.

Provides that the aggregate of orders for payment of compensation under this title as the result of any one criminal act, omission, or occurrence shall not be in excess of $50,000.

Authorizes the Board to make emergency payments to an applicant pending a final decision on the application if: (1) such application is one with respect to which an order of payment will probably be made, and (2) undue hardship may result to the applicant if immediate payment is not made.

States that whenever any person is convicted of a crime and an order for the payment of compensation is made under this title for a personal injury or death resulting from such crime, the Attorney General may, within one year from the date on which the judgement of conviction became final, institute an action against such person for the recovery of all or a specified part of such compensation. Provides that any amounts recovered shall deposited in the Criminal Victims Indemnity Fund established under this title.

Provides that an order for payment of compensation shall not affect the right of any person to recover damages from any other person by a civil action for the injury or death.

Requires the Federal law enforcement agency investigating a crime to inform the victims of their eligibility to make an application for compensation. States that such agency shall supply forms to each person who is eligible to file such a claim. Provides that the Board shall be informed of the failure of the victim to cooperate in the identification, apprehension and conviction of the perpetrator of the crime.

Provides that the Board shall transmit to the Congress an annual report of its activities under this title, including the name of each applicant, a brief description of the facts in each case, and the amount of compensation awarded.

Provides that the Law Enforcement Assistance Administration shall make grants to a State applying for the Federal share of costs of State programs to compensate victims of violent crime only if, after consultation with the Board, it determines that such State has enacted legislation which: (1) establishes a State agency having the capacity to hear or determine applications; (2) provides for the payment of compensation for pecuniary loss actually and necessarily incurred for personal injuries or death resulting from crimes listed under this title; and (3) contains adequate provisions for the recovery of compensation from the perpetrator of the crime.

Declares that any State desiring to receive a grant under the Omnibus Crime Control and State Streets Act of 1968 shall submit a State plan to the Administration. Sets forth provisions that such a plan shall contain. Provides that the Federal share of such programs shall be 75 percent for any fiscal year.

Title II: Group Insurance For Public Safety Officers - Authorizes the Law Enforcement Assistance Administration to purchase from life insurance companies a policy or policies of group life insurance to provide the benefits provided under this Act.

Provides that each such life insurance company must: (1) be licensed to issue life insurance in each of the fifty States of the United States and in the District of Columbia, and (2) as of the most recent December 31 for which information is available to the Administration have in effect at least 1 percent of the total amount of group life insurance which all life insurance companies have in effect in the United States.

Provides that any purchased policy will automatically insure any public safety officer employed on a full time basis by a State or local government which has applied to participate in the insurance program and agrees to deduct from such officer's pay the amount of the premium, to be forwarded to the proper Federal agency. Specifies the amount of life insurance an officer may receive on the basis of their pay rate.

Provides that each policy purchased by the Administration under this Act shall contain a provision, in terms approved by the Administration, to the effect that any insurance thereunder on any public safety officer shall cease thirty-one days after: (1) his separation or release from full-time duty as such an officer or (2) discontinuance of his pay as such an officer, whichever is earlier.

Provides that each policy purchased by the Administration under this Act shall contain a provision for the conversion of such insurance effective the day following the date such insurance would cease. Specifies that during the period such insurance is in force the insured, upon request to the office, shall be furnished a list of life insurance companies participating in the program established under this Act and upon written application (within such period) to the participating company selected by the insured and payment of the required premiums be granted insurance without a medical examination on a permanent plan then currently written by such company which does not provide for the payment of any sum less than the face value thereof or for the payment of an additional amount of premiums if the insured engages in public safety activities.

Requires that during any period in which a public safety officer is insured under a policy of insurance purchased by the Administration under this Act his employer shall withhold each month from his basic or other pay until separation or release from full-time duty as a public safety officer an amount determined by the Administration to be such officer's share of the cost of his group life insurance and accidental death and dismemberment insurance.

Sets forth the order of precedence in which the survivors of the officers will be awarded insurance benefits.

States that such policy issued under this title shall include a schedule of basic premium rates and provide for the readjustment of rates.

Establishes an Advisory Council on Public Safety Officers Group Life Insurance consisting of the Attorney General as Chairman, the Secretary of the Treasury, the Secretary of Health, Education, and Welfare, and the Director of the Office of Management and Budget. Provides that the Council shall meet once a year, or more often at the call of the Attorney General, and shall review the administration of this Act and advise the Attorney General on matters of policy relating to activities thereunder.

Title III: Death and Disability Benefits For Public Safety Officers - Sets forth definitions of terms used in this Act.

Sets forth the order of precedence for the payment of benefits. Provides that upon certification by the Governor of any State that a public safety officer has been killed or disabled as a result of a criminal act in the line of duty the Administration shall make an award of $50,000 in the case of death or the loss of two members or loss of sight in both eyes, and $25,000 in the case of the loss of one hand or of one foot or the loss of sight of one eye.

Title IV: Miscellaneous Provisions - Authorizes to be appropriated for the fiscal year ending June 30, 1974: (1) $10,000,000 for the purposes of Part F (Federal Compensation for Victims of Violent Crime) of the Omnibus Crime Control and Safe Streets Act of 1968; and (2) $20,000,000 for the purposes of paragraph (10) of subsection (b) of section 301 of Part C (Grants for Law Enforcement Purposes) of such Act.

Authorizes to be appropriated $25,000,000 for the fiscal year ending June 30, 1974, and $50,000,000 for the fiscal year ending June 30, 1975, for the purposes of part G (Group Insurance for Public Safety Officers) of such Act. Authorizes to be appropriated $40,000,000 for the fiscal year ending June 30, 1973, and $20,000,000 for the fiscal year ending June 30 ,1074 and for the purposes of part H (Death and Disability Benefits for Officers) of such Act.

Sets forth the effective date for the titles of this Act.


Amendments:
Summary: H.R.206 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/03/1973)

National Crime Victims Compensation Act - Declares it to be the purpose of this Act to commit the United States to meet its moral obligation to assist the innocent victims of violent crime, their families and dependents in financial need, by direct aid to those within the area primarily of Federal responsibility, and by assistance to the States to aid those within the area of primarily State responsibility, by the establishment of insurance and benefit programs for public safety officers and their families and dependents, and by the strengthening of the civil remedies available to victims of racketeering activity.

Title I: Compensation For Victims of Violent Crime - Sets forth definitions of terms used in this title.

Establishes the Violent Crimes Compensation Board within the Department of Justice which shall consist of three members to be appointed by the President, by and with the advice and consent of the Senate. Sets forth the terms of office of the members of the Board.

States that in order to carry out the purposes of this title the Board shall: (1) receive and process applications under the provisions of this title for compensation for personal injury or death resulting from criminal acts enumerated in this title; (2) hold such hearings, sit and act at such times and places, and take such testimony as the Board or any member thereof may deem adviseable; (3) order the payment of compensation to victims and other beneficiaries in accordance with the provisions of this title; and (4) take such other action as it deems necessary and appropriate to carry out the provisions of this title.

Provides that the Board may order the payment of compensation: (1) to or on behalf of the victim; or (2) in the case of the personal injury of the victim where the compensation is for pecuniary loss suffered as a result of the personal injury by any person, to that person; or (3) in the case of the death of the victim to or for the benefit of the dependent of the deceased victim, or to any one or more dependents, or to any person who has suffered pecuniary loss as a result of that death.

Requires that no order may be made under this title unless the Board finds that a criminal act or omission did occur and the injury or death was proximately caused by such act or omission.

Sets forth the crimes to which this title applies.

Makes provisions for attorney's fees for services rendered in proceedings under this title. Provides penalties for any attorney who charges or collects fees in excess of those allowed under this title.

Provides that the orders and decisions of the Board shall be reviewable in the appropriate court of appeals except that no trial de novo of the facts determined by the Board shall be allowed.

States that no order for the payment of compensation shall be made unless: (1) the application has been made within one year after the date of the personal injury or death, or within such further extension of time as the Board, for good cause shown, allows; (2) the applicant has incurred a minimum pecuiniary loss of $50 or has lost two continuous weeks' earnings or support; and (3) the act resulting in personal injury or death for which the compensation is to be paid was reported to the law enforcement officials within seventy-two hours after its occurrence.

Provides that the aggregate of orders for payment of compensation under this title as the result of any one criminal act, omission, or occurrence shall not be in excess of $50,000.

Authorizes the Board to make emergency payments to an applicant pending a final decision on the application if: (1) such application is one with respect to which an order of payment will probably be made, and (2) undue hardship may result to the applicant if immediate payment is not made.

States that whenever any person is convicted of a crime and an order for the payment of compensation is made under this title for a personal injury or death resulting from such crime, the Attorney General may, within one year from the date on which the judgement of conviction became final, institute an action against such person for the recovery of all or a specified part of such compensation. Provides that any amounts recovered shall deposited in the Criminal Victims Indemnity Fund established under this title.

Provides that an order for payment of compensation shall not affect the right of any person to recover damages from any other person by a civil action for the injury or death.

Requires the Federal law enforcement agency investigating a crime to inform the victims of their eligibility to make an application for compensation. States that such agency shall supply forms to each person who is eligible to file such a claim. Provides that the Board shall be informed of the failure of the victim to cooperate in the identification, apprehension and conviction of the perpetrator of the crime.

Provides that the Board shall transmit to the Congress an annual report of its activities under this title, including the name of each applicant, a brief description of the facts in each case, and the amount of compensation awarded.

Provides that the Law Enforcement Assistance Administration shall make grants to a State applying for the Federal share of costs of State programs to compensate victims of violent crime only if, after consultation with the Board, it determines that such State has enacted legislation which: (1) establishes a State agency having the capacity to hear or determine applications; (2) provides for the payment of compensation for pecuniary loss actually and necessarily incurred for personal injuries or death resulting from crimes listed under this title; and (3) contains adequate provisions for the recovery of compensation from the perpetrator of the crime.

Declares that any State desiring to receive a grant under the Omnibus Crime Control and State Streets Act of 1968 shall submit a State plan to the Administration. Sets forth provisions that such a plan shall contain. Provides that the Federal share of such programs shall be 75 percent for any fiscal year.

Title II: Group Insurance For Public Safety Officers - Authorizes the Law Enforcement Assistance Administration to purchase from life insurance companies a policy or policies of group life insurance to provide the benefits provided under this Act.

Provides that each such life insurance company must: (1) be licensed to issue life insurance in each of the fifty States of the United States and in the District of Columbia, and (2) as of the most recent December 31 for which information is available to the Administration have in effect at least 1 percent of the total amount of group life insurance which all life insurance companies have in effect in the United States.

Provides that any purchased policy will automatically insure any public safety officer employed on a full time basis by a State or local government which has applied to participate in the insurance program and agrees to deduct from such officer's pay the amount of the premium, to be forwarded to the proper Federal agency. Specifies the amount of life insurance an officer may receive on the basis of their pay rate.

Provides that each policy purchased by the Administration under this Act shall contain a provision, in terms approved by the Administration, to the effect that any insurance thereunder on any public safety officer shall cease thirty-one days after: (1) his separation or release from full-time duty as such an officer or (2) discontinuance of his pay as such an officer, whichever is earlier.

Provides that each policy purchased by the Administration under this Act shall contain a provision for the conversion of such insurance effective the day following the date such insurance would cease. Specifies that during the period such insurance is in force the insured, upon request to the office, shall be furnished a list of life insurance companies participating in the program established under this Act and upon written application (within such period) to the participating company selected by the insured and payment of the required premiums be granted insurance without a medical examination on a permanent plan then currently written by such company which does not provide for the payment of any sum less than the face value thereof or for the payment of an additional amount of premiums if the insured engages in public safety activities.

Requires that during any period in which a public safety officer is insured under a policy of insurance purchased by the Administration under this Act his employer shall withhold each month from his basic or other pay until separation or release from full-time duty as a public safety officer an amount determined by the Administration to be such officer's share of the cost of his group life insurance and accidental death and dismemberment insurance.

Sets forth the order of precedence in which the survivors of the officers will be awarded insurance benefits.

States that such policy issued under this title shall include a schedule of basic premium rates and provide for the readjustment of rates.

Establishes an Advisory Council on Public Safety Officers Group Life Insurance consisting of the Attorney General as Chairman, the Secretary of the Treasury, the Secretary of Health, Education, and Welfare, and the Director of the Office of Management and Budget. Provides that the Council shall meet once a year, or more often at the call of the Attorney General, and shall review the administration of this Act and advise the Attorney General on matters of policy relating to activities thereunder.

Title III: Death and Disability Benefits For Public Safety Officers - Sets forth definitions of terms used in this Act.

Sets forth the order of precedence for the payment of benefits. Provides that upon certification by the Governor of any State that a public safety officer has been killed or disabled as a result of a criminal act in the line of duty the Administration shall make an award of $50,000 in the case of death or the loss of two members or loss of sight in both eyes, and $25,000 in the case of the loss of one hand or of one foot or the loss of sight of one eye.

Title IV: Miscellaneous Provisions - Authorizes to be appropriated for the fiscal year ending June 30, 1974: (1) $10,000,000 for the purposes of Part F (Federal Compensation for Victims of Violent Crime) of the Omnibus Crime Control and Safe Streets Act of 1968; and (2) $20,000,000 for the purposes of paragraph (10) of subsection (b) of section 301 of Part C (Grants for Law Enforcement Purposes) of such Act.

Authorizes to be appropriated $25,000,000 for the fiscal year ending June 30, 1974, and $50,000,000 for the fiscal year ending June 30, 1975, for the purposes of part G (Group Insurance for Public Safety Officers) of such Act. Authorizes to be appropriated $40,000,000 for the fiscal year ending June 30, 1973, and $20,000,000 for the fiscal year ending June 30 ,1074 and for the purposes of part H (Death and Disability Benefits for Officers) of such Act.

Sets forth the effective date for the titles of this Act.


Cosponsors:
Summary: H.R.206 — 93rd Congress (1973-1974)

There is one summary for this bill. Bill summaries are authored by CRS.

Shown Here:
Introduced in House (01/03/1973)

National Crime Victims Compensation Act - Declares it to be the purpose of this Act to commit the United States to meet its moral obligation to assist the innocent victims of violent crime, their families and dependents in financial need, by direct aid to those within the area primarily of Federal responsibility, and by assistance to the States to aid those within the area of primarily State responsibility, by the establishment of insurance and benefit programs for public safety officers and their families and dependents, and by the strengthening of the civil remedies available to victims of racketeering activity.

Title I: Compensation For Victims of Violent Crime - Sets forth definitions of terms used in this title.

Establishes the Violent Crimes Compensation Board within the Department of Justice which shall consist of three members to be appointed by the President, by and with the advice and consent of the Senate. Sets forth the terms of office of the members of the Board.

States that in order to carry out the purposes of this title the Board shall: (1) receive and process applications under the provisions of this title for compensation for personal injury or death resulting from criminal acts enumerated in this title; (2) hold such hearings, sit and act at such times and places, and take such testimony as the Board or any member thereof may deem adviseable; (3) order the payment of compensation to victims and other beneficiaries in accordance with the provisions of this title; and (4) take such other action as it deems necessary and appropriate to carry out the provisions of this title.

Provides that the Board may order the payment of compensation: (1) to or on behalf of the victim; or (2) in the case of the personal injury of the victim where the compensation is for pecuniary loss suffered as a result of the personal injury by any person, to that person; or (3) in the case of the death of the victim to or for the benefit of the dependent of the deceased victim, or to any one or more dependents, or to any person who has suffered pecuniary loss as a result of that death.

Requires that no order may be made under this title unless the Board finds that a criminal act or omission did occur and the injury or death was proximately caused by such act or omission.

Sets forth the crimes to which this title applies.

Makes provisions for attorney's fees for services rendered in proceedings under this title. Provides penalties for any attorney who charges or collects fees in excess of those allowed under this title.

Provides that the orders and decisions of the Board shall be reviewable in the appropriate court of appeals except that no trial de novo of the facts determined by the Board shall be allowed.

States that no order for the payment of compensation shall be made unless: (1) the application has been made within one year after the date of the personal injury or death, or within such further extension of time as the Board, for good cause shown, allows; (2) the applicant has incurred a minimum pecuiniary loss of $50 or has lost two continuous weeks' earnings or support; and (3) the act resulting in personal injury or death for which the compensation is to be paid was reported to the law enforcement officials within seventy-two hours after its occurrence.

Provides that the aggregate of orders for payment of compensation under this title as the result of any one criminal act, omission, or occurrence shall not be in excess of $50,000.

Authorizes the Board to make emergency payments to an applicant pending a final decision on the application if: (1) such application is one with respect to which an order of payment will probably be made, and (2) undue hardship may result to the applicant if immediate payment is not made.

States that whenever any person is convicted of a crime and an order for the payment of compensation is made under this title for a personal injury or death resulting from such crime, the Attorney General may, within one year from the date on which the judgement of conviction became final, institute an action against such person for the recovery of all or a specified part of such compensation. Provides that any amounts recovered shall deposited in the Criminal Victims Indemnity Fund established under this title.

Provides that an order for payment of compensation shall not affect the right of any person to recover damages from any other person by a civil action for the injury or death.

Requires the Federal law enforcement agency investigating a crime to inform the victims of their eligibility to make an application for compensation. States that such agency shall supply forms to each person who is eligible to file such a claim. Provides that the Board shall be informed of the failure of the victim to cooperate in the identification, apprehension and conviction of the perpetrator of the crime.

Provides that the Board shall transmit to the Congress an annual report of its activities under this title, including the name of each applicant, a brief description of the facts in each case, and the amount of compensation awarded.

Provides that the Law Enforcement Assistance Administration shall make grants to a State applying for the Federal share of costs of State programs to compensate victims of violent crime only if, after consultation with the Board, it determines that such State has enacted legislation which: (1) establishes a State agency having the capacity to hear or determine applications; (2) provides for the payment of compensation for pecuniary loss actually and necessarily incurred for personal injuries or death resulting from crimes listed under this title; and (3) contains adequate provisions for the recovery of compensation from the perpetrator of the crime.

Declares that any State desiring to receive a grant under the Omnibus Crime Control and State Streets Act of 1968 shall submit a State plan to the Administration. Sets forth provisions that such a plan shall contain. Provides that the Federal share of such programs shall be 75 percent for any fiscal year.

Title II: Group Insurance For Public Safety Officers - Authorizes the Law Enforcement Assistance Administration to purchase from life insurance companies a policy or policies of group life insurance to provide the benefits provided under this Act.

Provides that each such life insurance company must: (1) be licensed to issue life insurance in each of the fifty States of the United States and in the District of Columbia, and (2) as of the most recent December 31 for which information is available to the Administration have in effect at least 1 percent of the total amount of group life insurance which all life insurance companies have in effect in the United States.

Provides that any purchased policy will automatically insure any public safety officer employed on a full time basis by a State or local government which has applied to participate in the insurance program and agrees to deduct from such officer's pay the amount of the premium, to be forwarded to the proper Federal agency. Specifies the amount of life insurance an officer may receive on the basis of their pay rate.

Provides that each policy purchased by the Administration under this Act shall contain a provision, in terms approved by the Administration, to the effect that any insurance thereunder on any public safety officer shall cease thirty-one days after: (1) his separation or release from full-time duty as such an officer or (2) discontinuance of his pay as such an officer, whichever is earlier.

Provides that each policy purchased by the Administration under this Act shall contain a provision for the conversion of such insurance effective the day following the date such insurance would cease. Specifies that during the period such insurance is in force the insured, upon request to the office, shall be furnished a list of life insurance companies participating in the program established under this Act and upon written application (within such period) to the participating company selected by the insured and payment of the required premiums be granted insurance without a medical examination on a permanent plan then currently written by such company which does not provide for the payment of any sum less than the face value thereof or for the payment of an additional amount of premiums if the insured engages in public safety activities.

Requires that during any period in which a public safety officer is insured under a policy of insurance purchased by the Administration under this Act his employer shall withhold each month from his basic or other pay until separation or release from full-time duty as a public safety officer an amount determined by the Administration to be such officer's share of the cost of his group life insurance and accidental death and dismemberment insurance.

Sets forth the order of precedence in which the survivors of the officers will be awarded insurance benefits.

States that such policy issued under this title shall include a schedule of basic premium rates and provide for the readjustment of rates.

Establishes an Advisory Council on Public Safety Officers Group Life Insurance consisting of the Attorney General as Chairman, the Secretary of the Treasury, the Secretary of Health, Education, and Welfare, and the Director of the Office of Management and Budget. Provides that the Council shall meet once a year, or more often at the call of the Attorney General, and shall review the administration of this Act and advise the Attorney General on matters of policy relating to activities thereunder.

Title III: Death and Disability Benefits For Public Safety Officers - Sets forth definitions of terms used in this Act.

Sets forth the order of precedence for the payment of benefits. Provides that upon certification by the Governor of any State that a public safety officer has been killed or disabled as a result of a criminal act in the line of duty the Administration shall make an award of $50,000 in the case of death or the loss of two members or loss of sight in both eyes, and $25,000 in the case of the loss of one hand or of one foot or the loss of sight of one eye.

Title IV: Miscellaneous Provisions - Authorizes to be appropriated for the fiscal year ending June 30, 1974: (1) $10,000,000 for the purposes of Part F (Federal Compensation for Victims of Violent Crime) of the Omnibus Crime Control and Safe Streets Act of 1968; and (2) $20,000,000 for the purposes of paragraph (10) of subsection (b) of section 301 of Part C (Grants for Law Enforcement Purposes) of such Act.

Authorizes to be appropriated $25,000,000 for the fiscal year ending June 30, 1974, and $50,000,000 for the fiscal year ending June 30, 1975, for the purposes of part G (Group Insurance for Public Safety Officers) of such Act. Authorizes to be appropriated $40,000,000 for the fiscal year ending June 30, 1973, and $20,000,000 for the fiscal year ending June 30 ,1074 and for the purposes of part H (Death and Disability Benefits for Officers) of such Act.

Sets forth the effective date for the titles of this Act.


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