[Congressional Record Volume 143, Number 109 (Tuesday, July 29, 1997)]
[Senate]
[Pages S8269-S8275]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Kennedy):
  S. 1081. A bill to enhance the rights and protections for victims of 
crime; to the Committee on the Judiciary.


                    The Crime Victims Assistance Act

  Mr. LEAHY. Madam President, during National Crime Victim Rights Week, 
I said that it was important to focus attention on the needs and rights 
of crime victims not just during that week of special ceremonies, but 
throughout the year. I am, therefore, pleased to have this opportunity 
to introduce legislation with my good friend from Massachusetts, 
Senator Kennedy. Our Crime Victims Assistance Act represents the next 
step in our continuing efforts to afford dignity and recognition to 
victims of crime.
  My involvement with crime victims began more than three decades ago 
when I served as State's attorney for Chittenden County, VT, and 
witnessed first hand the devastation of crime. I have worked ever since 
to ensure that the criminal justice system is one that respects the 
rights and dignity of victims of crime, rather than one that presents 
additional ordeals for those already victimized.
  I am proud that Congress has been a significant part of the solution 
to provide victims with greater rights and assistance. Over the past 15 
years, Congress has passed several bills to this end. These bills have 
included:
  The Victims and Witness Protection Act of 1982; The Victims of Crime 
Act of 1984; The Victims' Bill of Rights of 1990; The 1994 Violent 
Crime Control and Law Enforcement Act; and The Justice for Victims of 
Terrorism Act of 1996.
  Just this March, Congress passed the Victim Rights Clarification Act 
of 1997, which I cosponsored with Senators Nickles, Inhofe and Hatch. 
That legislation reversed a presumption against crime victims observing 
the fact phase of a trial if they were likely to provide testimony 
during the sentencing phase of that trial.
  As a result of that legislation, not only were victims of the 
Oklahoma City bombing able to observe the trial of Timothy McVeigh, all 
those who were able to witness the trial and were called as witnesses 
to provide victim impact testimony at the sentencing phase of that 
trial were able to do so.
  Also, on the first day of this session, we introduced S.15, a youth 
crime bill. In that legislation, which we have identified as a 
legislative priority for the entire Democratic caucus, we included 
provisions for victims of juvenile crime

[[Page S8270]]

so that their rights to appear, to be heard, and to be informed would 
be protected. Those provisions have now been incorporated in the 
juvenile crime bill ordered reported by the Judiciary Committee last 
week along with added protections against witness intimidation.

  The legislation that we introduce today, the Crime Victims Assistance 
Act, builds upon this progress. It provides for a wholesale reform of 
the Federal rules and Federal law to establish additional rights and 
protections for victims of federal crime. Particularly, the legislation 
would provide crime victims with an enhanced: right to be heard on the 
issue of pretrial detention; right to be heard on plea bargains; right 
to a speedy trial; right to be present in the courtroom throughout a 
trial; right to give a statement at sentencing; right to be heard on 
probation revocation; and
  Right to be notified of a defendant's escape or release from prison.
  The legislation goes further than other victims rights proposals that 
are currently before Congress by including: Enhanced penalties for 
witness intimidation; an increase in Federal victim assistance 
personnel; enhanced training for State and local law enforcement and 
officers of the court; the development of state-of-the-art systems for 
notifying victims of important dates and developments in their cases; 
and the establishment of ombudsman programs for crime victims.
  These are all matters that can be considered and enacted this year 
with a simple majority of both Houses of Congress. They need not 
overcome the delay and higher standards necessitated by proposing to 
amend the Constitution. They need not wait the hammering out of 
implementing legislation before making a difference in the lives of 
crime victims.
  I look forward to continuing to work with the administration, victims 
groups, prosecutors, judges, and other interested parties on how we can 
most effectively enhance the rights of victims of crime. Congress and 
State legislatures have become more sensitive to crime victims rights 
over the past 20 years and we have a golden opportunity to make 
additional, significant progress this year to provide the greater voice 
and rights that crime victims deserve.
  In my State, Vermont, there are many individuals who have made a 
difference by dedicating themselves to serving the needs of crime 
victims. Individuals, such as Lori Hayes from the Vermont Center for 
Crime Victims Services, have joined in leading the Nation on issues 
pertaining to crime victims. I congratulate Lori on the results of the 
Justice Department's recent site visit of Vermont's Victims of Crime 
Act programs. The Justice Department concluded that

       Vermont's programs are setting the standard for outreach to 
     under served populations and service coordination among 
     providers and allied professionals * * * Other States 
     interested in improving their services and advocacy for crime 
     victims would do well to study the model created by Lori 
     Hayes, her staff, and other victims advocates in Vermont.

  Without the commitment of people like Lori, we would not be making 
the progress that we are.
  I would like to acknowledge several others who have been extremely 
helpful with regards to the legislation that we are introducing today: 
The Office for Victims of Crime at the Justice Department, the National 
Network to End Domestic Violence, the NOW Legal Defense Fund, the 
National Clearinghouse for the Defense of Battered Women, Professor 
Lynne Henderson from Indiana Law School, the National Organization for 
Victim Assistance, Roger Pilon, Director of the Center for 
Constitutional Studies at the Cato Institute, the National Victim 
Center, and many others.
  While we have greatly improved our crime victims assistance programs 
and made advances in recognizing crime victims rights, we still have 
more to do. That is why it is my hope that Democrats and Republicans, 
supporters and opponents of a constitutional amendment on this issue 
will join Senator Kennedy and me in advancing this important 
legislation through Congress. We can make a difference in the lives of 
crime victims right now, and I hope Congress will make it a top 
priority and pass the Crime Victims Assistance Act before the end of 
the year.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

                                S. 1081

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                         TITLE I--VICTIM RIGHTS

         Subtitle A--Amendments to Title 18, United States Code

Sec. 101. Right to be notified of detention hearing and right to be 
              heard on the issue of detention.
Sec. 102. Right to a speedy trial and prompt disposition free from 
              unreasonable delay.
Sec. 103. Enhanced right to order of restitution.
Sec. 104. Enhanced right to be notified of escape or release from 
              prison.
Sec. 105. Enhanced penalties for witness tampering.

     Subtitle B--Amendments to Federal Rules of Criminal Procedure

Sec. 121. Right to be notified of plea agreement and to be heard on 
              merits of the plea agreement.
Sec. 122. Enhanced rights of notification and allocution at sentencing.
Sec. 123. Rights of notification and allocution at a probation 
              revocation hearing.

           Subtitle C--Amendment to Federal Rules of Evidence

Sec. 131. Enhanced right to be present at trial.

                 Subtitle D--Remedies for Noncompliance

Sec. 141. Remedies for noncompliance.

                TITLE II--VICTIM ASSISTANCE INITIATIVES

Sec. 201. Increase in victim assistance personnel.
Sec. 202. Increased training for State and local law enforcement, State 
              court personnel, and officers of the court to respond 
              effectively to the needs of victims of crime.
Sec. 203. Increased resources for State and local law enforcement 
              agencies, courts, and prosecutors' offices to develop 
              state-of-the-art systems for notifying victims of crime 
              of important dates and developments.
Sec. 204. Pilot programs to establish ombudsman programs for crime 
              victims.
Sec. 205. Amendments to Victims of Crime Act of 1984.
Sec. 206. Technical correction.
Sec. 207. Services for victims of crime and domestic violence.
Sec. 208. Pilot program to study effectiveness of restorative justice 
              approach on behalf of victims of crime.

     SEC. 2. DEFINITIONS.

       In this Act--
       (1) the term ``Attorney General'' means the Attorney 
     General of the United States;
       (2) the term ``bodily injury'' has the meaning given that 
     term in section 1365(g) of title 18, United States Code;
       (3) the term ``Commission'' means the Commission on 
     Victims' Rights established under section 204;
       (4) the term ``Indian tribe'' has the same meaning as in 
     section 4(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(e));
       (5) the term ``Judicial Conference'' means the Judicial 
     Conference of the United States established under section 331 
     of title 28, United States Code;
       (6) the term ``law enforcement officer'' means an 
     individual authorized by law to engage in or supervise the 
     prevention, detection, investigation, or prosecution of any 
     violation of law, and includes corrections, probation, 
     parole, and judicial officers;
       (7) the term ``Office of Victims of Crime'' means the 
     Office of Victims of Crime of the Department of Justice;
       (8) the term ``State'' means each of the several States of 
     the United States, the District of Columbia, the Commonwealth 
     of Puerto Rico, the Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands;
       (9) the term ``unit of local government'' means any--
       (A) city, county, township, town, borough, parish, village, 
     or other general purpose political subdivision of a State; or
       (B) Indian tribe;
       (10) the term ``victim''--
       (A) means an individual harmed as a result of a commission 
     of an offense; and
       (B) in the case of a victim who is less than 18 years of 
     age, incompetent, incapacitated, or deceased--
       (i) the legal guardian of the victim;
       (ii) a representative of the estate of the victim;
       (iii) a member of the family of the victim; or
       (iv) any other person appointed by the court to represent 
     the victim, except that in no event shall a defendant be 
     appointed as the representative or guardian of the victim; 
     and

[[Page S8271]]

       (11) the term ``qualified private entity'' means a private 
     entity that meets such requirements as the Attorney General 
     may establish.
                         TITLE I--VICTIM RIGHTS
         Subtitle A--Amendments to Title 18, United States Code

     SEC. 101. RIGHT TO BE NOTIFIED OF DETENTION HEARING AND RIGHT 
                   TO BE HEARD ON THE ISSUE OF DETENTION.

       Section 3142 of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(k) Notification of Right To Be Heard.--
       ``(1) In general.--In any case involving a defendant who is 
     arrested for an offense involving death or bodily injury to 
     any person, a threat of death or bodily injury to any person, 
     a sexual assault, or an attempted sexual assault, in which a 
     detention hearing is scheduled pursuant to subsection (f)--
       ``(A) the Government shall make a reasonable effort to 
     notify the victim of the hearing, and of the right of the 
     victim to be heard on the issue of detention; and
       ``(B) at the hearing under subsection (f), the court shall 
     inquire of the Government as to whether the efforts at 
     notification of the victim under subparagraph (A) were 
     successful and, if so, whether the victim wishes to be heard 
     on the issue of detention and, if so, shall afford the victim 
     such an opportunity.
       ``(2) Limitation.--Upon motion of either party that 
     identification of the defendant by the victim is a fact in 
     dispute, and that no means of verification has been 
     attempted, the Court shall use appropriate measures to 
     protect integrity of the identification process.
       ``(3) Address.--With respect to any case described in 
     paragraph (1), the victim shall notify the appropriate 
     authority of an address to which notification under this 
     subsection may be sent.
       ``(4) Definition of victim.--In this subsection, the term 
     `victim' means any individual against whom an offense 
     involving death or bodily injury to any person, a threat of 
     death or bodily injury to any person, a sexual assault, or an 
     attempted sexual assault, has been committed and also 
     includes the parent or legal guardian of a victim who is less 
     than 18 years of age, or incompetent, or 1 or more family 
     members designated by the court if the victim is deceased or 
     incapacitated.''.

     SEC. 102. RIGHT TO A SPEEDY TRIAL AND PROMPT DISPOSITION FREE 
                   FROM UNREASONABLE DELAY.

       Section 3161(h)(8)(B) of title 18, United States Code, is 
     amended by adding at the end the following:
       ``(v) The interests of the victim (or the family of a 
     victim who is deceased or incapacitated) in the prompt and 
     appropriate disposition of the case, free from unreasonable 
     delay.''.

     SEC. 103. ENHANCED RIGHT TO ORDER OF RESTITUTION.

       Section 3664(d)(2)(A)(iv) of title 18, United States Code, 
     is amended by inserting ``, and the right of the victim (or 
     the family of a victim who is deceased or incapacitated) to 
     attend the sentencing hearing and to make a statement to the 
     court at the sentencing hearing'' before the semicolon.

     SEC. 104. ENHANCED RIGHT TO BE NOTIFIED OF ESCAPE OR RELEASE 
                   FROM PRISON.

       Section 503(c)(5)(B) of the Victims' Rights and Restitution 
     Act of 1990 (42 U.S.C. 10607(c)(5)(B)) is amended by 
     inserting after ``offender'' the following: ``, including 
     escape, work release, furlough, or any other form of release 
     from a psychiatric institution or other facility that 
     provides mental health services to offenders''.

     SEC. 105. ENHANCED PENALTIES FOR WITNESS TAMPERING.

       Section 1512 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by striking ``as provided in 
     paragraph (2)'' and inserting ``as provided in paragraph 
     (3)'';
       (B) by redesignating paragraph (2) as paragraph (3);
       (C) by inserting after paragraph (1) the following:
       ``(2) Whoever uses physical force or the threat of physical 
     force, or attempts to do so, with intent to--
       ``(A) influence, delay, or prevent the testimony of any 
     person in an official proceeding;
       ``(B) cause or induce any person to--
       ``(i) withhold testimony, or withhold a record, document, 
     or other object, from an official proceeding;
       ``(ii) alter, destroy, mutilate, or conceal an object with 
     intent to impair the object's integrity or availability for 
     use in an official proceeding;
       ``(iii) evade legal process summoning that person to appear 
     as a witness, or to produce a record, document, or other 
     object, in an official proceeding; and
       ``(iv) be absent from an official proceeding to which such 
     person has been summoned by legal process; or
       ``(C) hinder, delay, or prevent the communication to a law 
     enforcement officer or judge of the United States of 
     information relating to the commission or possible commission 
     of a Federal offense or a violation of conditions of 
     probation, parole, or release pending judicial proceedings;

     shall be punished as provided in paragraph (3).''; and
       (D) in paragraph (3)(B), as redesignated, by striking ``in 
     the case of'' and all that follows before the period and 
     inserting ``an attempt to murder, the use of physical force, 
     the threat of physical force, or an attempt to do so, 
     imprisonment for not more than 20 years''; and
       (2) in subsection (b), by striking ``or physical force''.
     Subtitle B--Amendments to Federal Rules of Criminal Procedure

     SEC. 121. RIGHT TO BE NOTIFIED OF PLEA AGREEMENT AND TO BE 
                   HEARD ON MERITS OF THE PLEA AGREEMENT.

       (a) In General.--Rule 11 of the Federal Rules of Criminal 
     Procedure is amended by adding at the end the following:
       ``(i) Rights of Victims.--
       ``(1) In general.--In any case involving a defendant who is 
     charged with an offense involving death or bodily injury to 
     any person, a threat of death or bodily injury to any person, 
     a sexual assault, or an attempted sexual assault--
       ``(A) the Government, prior to a hearing at which a plea of 
     guilty or nolo contendere is entered, shall make a reasonable 
     effort to notify the victim of--
       ``(i) the date and time of the hearing; and
       ``(ii) the right of the victim to attend the hearing and to 
     address the court; and
       ``(B) if the victim attends a hearing described in 
     subparagraph (A), the court, before accepting a plea of 
     guilty or nolo contendere, shall afford the victim an 
     opportunity to be heard on the proposed plea agreement.
       ``(2) Address.--With respect to any case described in 
     paragraph (1), the victim shall notify the appropriate 
     authority of an address to which notification under this 
     subsection may be sent.
       ``(3) Definition of victim.--In this subsection, the term 
     `victim' means any individual against whom an offense 
     involving death or bodily injury to any person, a threat of 
     death or bodily injury to any person, a sexual assault, or an 
     attempted sexual assault, has been committed and also 
     includes the parent or legal guardian of a victim who is less 
     than 18 years of age, or incompetent, or 1 or more family 
     members designated by the court if the victim is deceased or 
     incapacitated.
       ``(4) Mass victim cases.--In any case involving more than 
     15 victims, the court, after consultation with the Government 
     and the victims, may appoint a number of victims to serve as 
     representatives of the victims' interests.''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     become effective as provided in paragraph (3).
       (2) Action by judicial conference.--
       (A) Recommendations.--Not later than 180 days after the 
     date of enactment of this Act, the Judicial Conference shall 
     submit to Congress a report containing recommendations for 
     amending the Federal Rules of Criminal Procedure to provide 
     enhanced opportunities for victims of offenses involving 
     death or bodily injury to any person, the threat of death or 
     bodily injury to any person, a sexual assault, or an 
     attempted sexual assault, to be heard on the issue of whether 
     or not the court should accept a plea of guilty or nolo 
     contendere.
       (B) Inapplicability of other law.--Chapter 131 of title 28, 
     United States Code, does not apply to any recommendation made 
     by the Judicial Conference under this paragraph.
       (3) Congressional action.--Except as otherwise provided by 
     law, if the Judicial Conference--
       (A) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are the same as the amendment made by 
     subsection (a), then the amendment made by subsection (a) 
     shall become effective 30 days after the date on which the 
     recommendations are submitted to Congress under paragraph 
     (2);
       (B) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are different in any respect from the 
     amendment made by subsection (a), the recommendations made 
     pursuant to paragraph (2) shall become effective 180 days 
     after the date on which the recommendations are submitted to 
     Congress under paragraph (2), unless an Act of Congress is 
     passed overturning the recommendations; and
       (C) fails to comply with paragraph (2), the amendment made 
     by subsection (a) shall become effective 360 days after the 
     date of enactment of this Act.
       (4) Application.--Any amendment made pursuant to this 
     section (including any amendment made pursuant to the 
     recommendations of the United States Sentencing Commission 
     under paragraph (2)) shall apply in any proceeding commenced 
     on or after the effective date of the amendment.

     SEC. 122. ENHANCED RIGHTS OF NOTIFICATION AND ALLOCUTION AT 
                   SENTENCING.

       (a) In General.--Rule 32 of the Federal Rules of Criminal 
     Procedure is amended--
       (1) in subsection (b)--
       (A) in paragraph (4), by striking subparagraph (D) and 
     inserting the following:
       ``(D) a victim impact statement, identifying, to the 
     maximum extent practicable--
       ``(i) each victim of the offense (except that such 
     identification shall not include information relating to any 
     telephone number, place of employment, or residential address 
     of any victim);
       ``(ii) an itemized account of any economic loss suffered by 
     each victim as a result of the offense;

[[Page S8272]]

       ``(iii) any physical injury suffered by each victim as a 
     result of the offense, along with its seriousness and 
     permanence;
       ``(iv) a description of any change in the personal welfare 
     or familial relationships of each victim as a result of the 
     offense; and
       ``(v) a description of the impact of the offense upon each 
     victim and the recommendation of each victim regarding an 
     appropriate sanction for the defendant;''; and
       (B) by adding at the end the following:
       ``(7) Victim impact statements.--
       ``(A) In general.--Any probation officer preparing a 
     presentence report shall--
       ``(i) make a reasonable effort to notify each victim of the 
     offense that such a report is being prepared and the purpose 
     of such report; and
       ``(ii) provide the victim with an opportunity to submit an 
     oral or written statement, or a statement on audio or 
     videotape outlining the impact of the offense upon the 
     victim.
       ``(B) Use of statements.--Any written statement submitted 
     by a victim under subparagraph (A) shall be attached to the 
     presentence report and shall be provided to the sentencing 
     court and to the parties.'';
       (2) in subsection (c)(1), by adding at the end the 
     following: ``Before sentencing in any case in which a 
     defendant has been charged with or found guilty of an offense 
     involving death or bodily injury to any person, a threat of 
     death or bodily injury to any person, a sexual assault, or an 
     attempted sexual assault, the Government shall make a 
     reasonable effort to notify the victim (or the family of a 
     victim who is deceased) of the time and place of sentencing 
     and of their right to attend and to be heard.''; and
       (3) in subsection (f), by inserting ``the right to 
     notification and to submit a statement under subdivision 
     (b)(7), the right to notification and to be heard under 
     subdivision (c)(1), and'' before ``the right of allocution''.
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall become effective as provided in paragraph (3).
       (2) Action by judicial conference.--
       (A) Recommendations.--Not later than 180 days after the 
     date of enactment of this Act, the Judicial Conference shall 
     submit to Congress a report containing recommendations for 
     amending the Federal Rules of Criminal Procedure to provide 
     enhanced opportunities for victims of offenses involving 
     death or bodily injury to any person, the threat of death or 
     bodily injury to any person, a sexual assault, or an 
     attempted sexual assault, to participate during the 
     presentencing phase of the criminal process.
       (B) Inapplicability of other law.--Chapter 131 of title 28, 
     United States Code, does not apply to any recommendation made 
     by the Judicial Conference under this paragraph.
       (3) Congressional action.--Except as otherwise provided by 
     law, if the Judicial Conference--
       (A) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are the same as the amendments made by 
     subsection (a), then the amendments made by subsection (a) 
     shall become effective 30 days after the date on which the 
     recommendations are submitted to Congress under paragraph 
     (2);
       (B) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are different in any respect from the 
     amendments made by subsection (a), the recommendations made 
     pursuant to paragraph (2) shall become effective 180 days 
     after the date on which the recommendations are submitted to 
     Congress under paragraph (2), unless an Act of Congress is 
     passed overturning the recommendations; and
       (C) fails to comply with paragraph (2), the amendments made 
     by subsection (a) shall become effective 360 days after the 
     date of enactment of this Act.
       (4) Application.--Any amendment made pursuant to this 
     section (including any amendment made pursuant to the 
     recommendations of the United States Sentencing Commission 
     under paragraph (2)) shall apply in any proceeding commenced 
     on or after the effective date of the amendment.

     SEC. 123. RIGHTS OF NOTIFICATION AND ALLOCUTION AT A 
                   PROBATION REVOCATION HEARING.

       (a) In General.--Rule 32.1 of the Federal Rules of Criminal 
     Procedure is amended by adding at the end the following:
       ``(d) Rights of Victims.--
       ``(1) In general.--At any hearing pursuant to subsection 
     (a)(2) involving one or more persons who have been convicted 
     of an offense involving death or bodily injury to any person, 
     a threat of death or bodily injury to any person, a sexual 
     assault, or an attempted sexual assault, the Government shall 
     make reasonable effort to notify the victim of the offense 
     (and the victim of any new charges giving rise to the 
     hearings), of--
       ``(A) the date and time of the hearing; and
       ``(B) the right of the victim to attend the hearing and to 
     address the court regarding whether the terms or conditions 
     of probation or supervised release should be modified.
       ``(2) Duties of court at hearing.--At any hearing described 
     in paragraph (1) at which a victim is present, the court 
     shall--
       ``(A) address each victim personally; and
       ``(B) afford the victim an opportunity to be heard on the 
     proposed terms or conditions of probation or supervised 
     release.
       ``(3) Address.--In any case described in paragraph (1), the 
     victim shall notify the appropriate authority of an address 
     to which notification under this paragraph may be sent.
       ``(4) Definition of victim.--In this rule, the term 
     `victim' means any individual against whom an offense 
     involving death or bodily injury to any person, a threat of 
     death or bodily injury to any person, a sexual assault, or an 
     attempted sexual assault, has been committed and a hearing 
     pursuant to subsection (a)(2) is conducted, including--
       ``(A) a parent or legal guardian of the victim, if the 
     victim is less than 18 years of age or is incompetent; or
       ``(B) 1 or more family members or relatives of the victim 
     designated by the court, if the victim is deceased or 
     incapacitated.''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     become effective as provided in paragraph (3).
       (2) Action by judicial conference.--
       (A) Recommendations.--Not later than 180 days after the 
     date of enactment of this Act, the Judicial Conference shall 
     submit to Congress a report containing recommendations for 
     amending the Federal Rules of Criminal Procedure to ensure 
     that reasonable efforts are made to notify victims of 
     offenses involving death or bodily injury to any person, or 
     the threat of death or bodily injury to any person, of any 
     revocation hearing held pursuant to rule 32.1(a)(2) of the 
     Federal Rules of Criminal Procedure.
       (B) Inapplicability of other law.--Chapter 131 of title 28, 
     United States Code, does not apply to any recommendation made 
     by the Judicial Conference under this paragraph.
       (3) Congressional action.--Except as otherwise provided by 
     law, if the Judicial Conference--
       (A) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are the same as the amendment made by 
     subsection (a), then the amendment made by subsection (a) 
     shall become effective 30 days after the date on which the 
     recommendations are submitted to Congress under paragraph 
     (2);
       (B) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are different in any respect from the 
     amendment made by subsection (a), the recommendations made 
     pursuant to paragraph (2) shall become effective 180 days 
     after the date on which the recommendations are submitted to 
     Congress under paragraph (2), unless an Act of Congress is 
     passed overturning the recommendations; and
       (C) fails to comply with paragraph (2), the amendment made 
     by subsection (a) shall become effective 360 days after the 
     date of enactment of this Act.
       (4) Application.--Any amendment made pursuant to this 
     section (including any amendment made pursuant to the 
     recommendations of the United States Sentencing Commission 
     under paragraph (2)) shall apply in any proceeding commenced 
     on or after the effective date of the amendment.
           Subtitle C--Amendment to Federal Rules of Evidence

     SEC. 131. ENHANCED RIGHT TO BE PRESENT AT TRIAL.

       (a) In General.--Rule 615 of the Federal Rules of Evidence 
     is amended--
       (1) by striking ``At the request'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), at 
     the request'';
       (2) by striking ``This rule'' and inserting the following:
       ``(b) Exceptions.--Subsection (a)'';
       (3) by striking ``exclusion of (1) a party'' and inserting 
     the following: ``exclusion of--
       ``(1) a party'';
       (4) by striking ``person, or (2) an officer'' and inserting 
     the following: ``person;
       ``(2) an officer'';
       (5) by striking ``attorney, or (3) a person'' and inserting 
     the following: ``attorney;
       ``(3) a person'';
       (6) by striking the period at the end and inserting ``; 
     or''; and
       (7) by adding at the end the following:
       ``(4) a person who is a victim (or a member of the 
     immediate family of a victim who is deceased or 
     incapacitated) of an offense involving death or bodily injury 
     to any person, a threat of death or bodily injury to any 
     person, a sexual assault, or an attempted sexual assault, for 
     which a defendant is being tried in a criminal trial, unless 
     the court concludes that--
       ``(A) the testimony of the person will be materially 
     affected by hearing the testimony of other witnesses, and the 
     material effect of hearing the testimony of other witnesses 
     on the testimony of that person will result in unfair 
     prejudice to any party; or
       ``(B) due to the large number of victims or family members 
     of victims who may be called as witnesses, permitting 
     attendance in the courtroom itself when testimony is being 
     heard is not feasible.
       ``(c) Discretion of Court; Effect on Other Law.--Nothing in 
     subsection (b)(4) shall be construed--
       ``(1) to limit the ability of a court to exclude a witness, 
     if the court determines that such action is necessary to 
     maintain order during a court proceeding; or
       ``(2) to limit or otherwise affect the ability of a witness 
     to be present during court proceedings pursuant to section 
     3510 of title 18, United States Code.''.
       (b) Effective Date.--

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       (1) In general.--The amendments made by subsection (a) 
     shall become effective as provided in paragraph (3).
       (2) Action by judicial conference.--
       (A) Recommendations.--Not later than 180 days after the 
     date of enactment of this Act, the Judicial Conference shall 
     submit to Congress a report containing recommendations for 
     amending the Federal Rules of Evidence to provide enhanced 
     opportunities for victims of offenses involving death or 
     bodily injury to any person, or the threat of death or bodily 
     injury to any person, to attend judicial proceedings, even if 
     they may testify as a witness at the proceeding.
       (B) Inapplicability of other law.--Chapter 131 of title 28, 
     United States Code, does not apply to any recommendation made 
     by the Judicial Conference under this paragraph.
       (3) Congressional action.--Except as otherwise provided by 
     law, if the Judicial Conference--
       (A) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are the same as the amendments made by 
     subsection (a), then the amendments made by subsection (a) 
     shall become effective 30 days after the date on which the 
     recommendations are submitted to Congress under paragraph 
     (2);
       (B) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are different in any respect from the 
     amendments made by subsection (a), the recommendations made 
     pursuant to paragraph (2) shall become effective 180 days 
     after the date on which the recommendations are submitted to 
     Congress under paragraph (2), unless an Act of Congress is 
     passed overturning the recommendations; and
       (C) fails to comply with paragraph (2), the amendments made 
     by subsection (a) shall become effective 360 days after the 
     date of enactment of this Act.
       (4) Application.--Any amendment made pursuant to this 
     section (including any amendment made pursuant to the 
     recommendations of the United States Sentencing Commission 
     under paragraph (2)) shall apply in any proceeding commenced 
     on or after the effective date of the amendment.
                 Subtitle D--Remedies for Noncompliance

     SEC. 141. REMEDIES FOR NONCOMPLIANCE.

       (a) General Limitation.--Any failure to comply with any 
     amendment made by this Act shall not give rise to a claim for 
     damages, or any other action against the United States, or 
     any employee of the United States, any court official or 
     officer of the court, or an entity contracting with the 
     United States, or any action seeking a rehearing or other 
     reconsideration of action taken in connection with a 
     defendant.
       (b) Regulations To Ensure Compliance.--
       (1) In general.--Notwithstanding subsection (a), not later 
     than 1 year after the date of enactment of this Act, the 
     Attorney General and the Chairman of the United States Parole 
     Commission shall promulgate regulations to implement and 
     enforce the amendments made by this title.
       (2) Contents.--The regulations promulgated under paragraph 
     (1) shall--
       (A) contain disciplinary sanctions, including suspension or 
     termination from employment, for employees of the Department 
     of Justice (including employees of the United States Parole 
     Commission) who willfully or repeatedly violate the 
     amendments made by this title, or willfully or repeatedly 
     refuse or fail to comply with provisions of Federal law 
     pertaining to the treatment of victims of crime;
       (B) include an administrative procedure through which 
     parties can file formal complaints with the Department of 
     Justice alleging violations of the amendments made by this 
     title;
       (C) provide that a complainant is prohibited from 
     recovering monetary damages against the United States, or any 
     employee of the United States, either in his official or 
     personal capacity; and
       (D) provide that the Attorney General, or the designee of 
     the Attorney General, shall the ultimate arbiter of the 
     complaint, and there shall be no judicial review of the final 
     decision of the Attorney General by a complainant.
                TITLE II--VICTIM ASSISTANCE INITIATIVES

     SEC. 201. INCREASE IN VICTIM ASSISTANCE PERSONNEL.

       There are authorized to be appropriated such sums as may be 
     necessary to enable the Attorney General to--
       (1) hire 50 full-time or full-time equivalent employees to 
     serve victim-witness advocates to provide assistance to 
     victims of any criminal offense investigated by any 
     department or agency of the Federal Government; and
       (2) provide grants through the Office of Victims of Crime 
     to qualified private entities to fund 50 victim-witness 
     advocate positions within those organizations.

     SEC. 202. INCREASED TRAINING FOR STATE AND LOCAL LAW 
                   ENFORCEMENT, STATE COURT PERSONNEL, AND 
                   OFFICERS OF THE COURT TO RESPOND EFFECTIVELY TO 
                   THE NEEDS OF VICTIMS OF CRIME.

       Notwithstanding any other provision of law, amounts 
     collected pursuant to sections 3729 through 3731 of title 31, 
     United States Code (commonly known as the ``False Claims 
     Act''), may be used by the Office of Victims of Crime to make 
     grants to States, units of local government, and qualified 
     private entities, to provide training and information to 
     prosecutors, judges, law enforcement officers, probation 
     officers, and other officers and employees of Federal and 
     State courts to assist them in responding effectively to the 
     needs of victims of crime.

     SEC. 203. INCREASED RESOURCES FOR STATE AND LOCAL LAW 
                   ENFORCEMENT AGENCIES, COURTS, AND PROSECUTORS' 
                   OFFICES TO DEVELOP STATE-OF-THE-ART SYSTEMS FOR 
                   NOTIFYING VICTIMS OF CRIME OF IMPORTANT DATES 
                   AND DEVELOPMENTS.

       (a) In General.--Subtitle A of title XXIII of the Violent 
     Crime Control and Law Enforcement Act of 1994 (Public Law 
     103-322; 108 Stat. 2077) is amended by adding at the end the 
     following:

     ``SEC. 230103. STATE-OF-THE-ART SYSTEMS FOR NOTIFYING VICTIMS 
                   OF CRIME OF IMPORTANT DATES AND DEVELOPMENTS.

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Office of Victims of 
     Crime of the Department of Justice such sums as may be 
     necessary for grants to State and local prosecutors' offices, 
     State courts, county jails, State correctional institutions, 
     and qualified private entities, to develop and implement 
     state-of-the-art systems for notifying victims of crime of 
     important dates and developments relating to the criminal 
     proceedings at issue.
       ``(b) False Claims Act.--Notwithstanding any other 
     provision of law, amounts collected pursuant to sections 3729 
     through 3731 of title 31, United States Code (commonly known 
     as the `False Claims Act'), may be used for grants under this 
     section.''.
       (b) Violent Crime Reduction Trust Fund.--Section 310004(d) 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (42 U.S.C. 14214(d)) is amended--
       (1) in the first paragraph designated as paragraph (15) 
     (relating to the definition of the term ``Federal law 
     enforcement program''), by striking ``and'' at the end;
       (2) in the first paragraph designated as paragraph (16) 
     (relating to the definition of the term ``Federal law 
     enforcement program''), by striking the period at the end and 
     inserting ``; and''; and
       (3) by inserting after the first paragraph designated as 
     paragraph (16) (relating to the definition of the term 
     ``Federal law enforcement program'') the following:
       ``(17) section 230103.''.

     SEC. 204. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN PROGRAMS FOR 
                   CRIME VICTIMS.

       (a) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Office of Victims of Crime.
       (2) Office.--The term ``Office'' means the Office of 
     Victims of Crime.
       (3) Qualified private entity.--The term ``qualified private 
     entity'' means a private entity that meets such requirements 
     as the Attorney General, acting through the Director, may 
     establish.
       (4) Qualified unit of state or local government.--The term 
     ``qualified unit of State or local government'' means a unit 
     or a State or local government that meets such requirements 
     as the Attorney General, acting through the Director, may 
     establish.
       (5) Voice centers.--The term ``VOICE Centers'' means the 
     Victim Ombudsman Information Centers established under the 
     program under subsection (b).
       (b) Pilot Programs.--
       (1) In general.--Not later than 12 months after the date of 
     enactment of this Act, the Attorney General, acting through 
     the Director, shall establish and carry out a program to 
     provide for pilot programs to establish and operate Victim 
     Ombudsman Information Centers in each of the following 
     States:
       (A) Iowa.
       (B) Massachusetts.
       (C) Ohio.
       (D) Tennessee.
       (E) Utah.
       (F) Vermont.
       (2) Agreements.--
       (A) In general.--The Attorney General, acting through the 
     Director, shall enter into an agreement with a qualified 
     private entity or unit of State or local government to 
     conduct a pilot program referred to in paragraph (1). Under 
     the agreement, the Attorney General, acting through the 
     Director, shall provide for a grant to assist the qualified 
     private entity or unit of State or local government in 
     carrying out the pilot program.
       (B) Contents of agreement.--The agreement referred to in 
     subparagraph (A) shall specify that--
       (i) the VOICE Center shall be established in accordance 
     with this section; and
       (ii) except with respect to meeting applicable requirements 
     of this section concerning carrying out the duties of a VOICE 
     Center under this section (including the applicable reporting 
     duties under subsection (c) and the terms of the agreement) 
     each VOICE Center shall operate independently of the Office; 
     and
       (C) No authority over daily operations.--The Office shall 
     have no supervisory or decisionmaking authority over the day-
     to-day operations of a VOICE Center.
       (c) Objectives.--
       (1) Mission.--The mission of each VOICE Center established 
     under a pilot program under this section shall be to assist a 
     victim of a Federal or State crime to ensure that the 
     victim--

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       (A) is fully apprised of the rights of that victim under 
     applicable Federal or State law; and
       (B) participates in the criminal justice process to the 
     fullest extent of the law.
       (2) Duties.--The duties of a VOICE Center shall include--
       (A) providing information to victims of Federal or State 
     crime regarding the right of those victims to participate in 
     the criminal justice process (including information 
     concerning any right that exists under applicable Federal or 
     State law);
       (B) identifying and responding to situations in which the 
     rights of victims of crime under applicable Federal or State 
     law may have been violated;
       (C) attempting to facilitate compliance with Federal or 
     State law referred to in subparagraph (B);
       (D) educating police, prosecutors, Federal and State 
     judges, officers of the court, and employees of jails and 
     prisons concerning the rights of victims under applicable 
     Federal or State law; and
       (E) taking measures that are necessary to ensure that 
     victims of crime are treated with fairness, dignity, and 
     compassion throughout the criminal justice process.
       (d) Oversight.--
       (1) Technical assistance.--The Office may provide technical 
     assistance to each VOICE Center.
       (2) Annual report.--Each qualified private entity or 
     qualified unit of State or local government that carries out 
     a pilot program to establish and operate a VOICE Center under 
     this section shall prepare and submit to the Director, not 
     later than 1 year after the VOICE Center is established, and 
     annually thereafter, a report that--
       (A) describes in detail the activities of the VOICE Center 
     during the preceding year; and
       (B) outlines a strategic plan for the year following the 
     year covered under subparagraph (A).
       (e) Review of Program Effectiveness.--
       (1) GAO study.--Not later than 2 years after the date on 
     which each VOICE Center established under a pilot program 
     under this section is fully operational, the Comptroller 
     General of the United States shall conduct a review of each 
     pilot program carried out under this section to determine the 
     effectiveness of the VOICE Center that is the subject of the 
     pilot program in carrying out the mission and duties 
     described in subsection (c).
       (2) Other studies.--Not later than 2 years after the date 
     on which each VOICE Center established under a pilot program 
     under this section is fully operational, the Attorney 
     General, acting through the Director, shall enter into an 
     agreement with 1 or more private entities that meet such 
     requirements the Attorney General, acting through the 
     Director, may establish, to study the effectiveness of each 
     VOICE Center established by a pilot program under this 
     section in carrying out the mission and duties described in 
     subsection (c).
       (f) Termination Date.--
       (1) In general.--Except as provided in paragraph (2), a 
     pilot program established under this section shall terminate 
     on the date that is 4 years after the date of enactment of 
     this Act.
       (2) Renewal.--If the Attorney General determines that any 
     of the pilot programs established under this section should 
     be renewed for an additional period, the Attorney General may 
     renew that pilot program for a period not to exceed 2 years.
       (g) Funding.--Notwithstanding any other provision of law, 
     an aggregate amount not to exceed $5,000,000 of the amounts 
     collected pursuant to sections 3729 through 3731 of title 31, 
     United States Code (commonly known as the ``False Claims 
     Act''), may be used by the Director to make grants under 
     subsection (b).

     SEC. 205. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.

       (a) Crime Victims Fund.--Section 1402 of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10601) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) any gifts, bequests, and donations from private 
     entities or individuals.''; and
       (2) in subsection (d)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) All unobligated balances transferred to the judicial 
     branch for administrative costs to carry out functions under 
     sections 3611 and 3612 of title 18, United States Code, shall 
     be returned to the Crime Victims Fund and may be used by the 
     Director to improve services for crime victims in the Federal 
     criminal justice system.''; and
       (B) in paragraph (4), by adding at the end the following:
       ``(C) States that receive supplemental funding to respond 
     to incidents or terrorism or mass violence under this section 
     shall be required to return to the Crime Victims Fund for 
     deposit in the reserve fund, amounts subrogated to the State 
     as a result of third-party payments to victims.''.
       (b) Crime Victim Compensation.--Section 1403 of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10602) is amended--
       (1) in subsection (a)--
       (A) in each of paragraphs (1) and (2), by striking ``40'' 
     and inserting ``60''; and
       (B) in paragraph (3), by inserting ``and evaluation'' after 
     ``administration''; and
       (2) in subsection (b)(7), by inserting ``because the 
     identity of the offender was not determined beyond a 
     reasonable doubt in a criminal trial, because criminal 
     charges were not brought against the offender, or'' after 
     ``deny compensation to any victim''.
       (c) Crime Victim Assistance.--Section 1404 of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10603) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1)--
       (i) by striking the comma after ``Director'';
       (ii) by inserting ``or enter into cooperative agreements'' 
     after ``make grants'';
       (iii) by striking subparagraph (A) and inserting the 
     following:
       ``(A) for demonstration projects, evaluation, training, and 
     technical assistance services to eligible organizations;'';
       (iv) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (v) by adding at the end the following:
       ``(C) training and technical assistance that address the 
     significance of and effective delivery strategies for 
     providing long-term psychological care.''; and
       (B) in paragraph (3)--
       (i) in subparagraph (C), by striking ``and'' at the end;
       (ii) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(E) use funds made available to the Director under this 
     subsection--
       ``(i) for fellowships and clinical internships; and
       ``(ii) to carry out programs of training and special 
     workshops for the presentation and dissemination of 
     information resulting from demonstrations, surveys, and 
     special projects.''; and
       (2) in subsection (d)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) the term `State' includes--
       ``(A) the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, and any other 
     territory or possession of the United States; and
       ``(B) for purposes of a subgrant under subsection (a)(1) or 
     a grant or cooperative agreement under subsection (c)(1), the 
     United States Virgin Islands and any agency of the government 
     of the District of Columbia or the Federal Government 
     performing law enforcement functions in and on behalf of the 
     District of Columbia.'';
       (B) in paragraph (2)--
       (i) in subparagraph (C), by striking ``and'' at the end; 
     and
       (ii) by adding at the end the following:
       ``(E) public awareness and education and crime prevention 
     activities that promote, and are conducted in conjunction 
     with, the provision of victim assistance; and
       ``(F) for purposes of an award under subsection (c)(1)(A), 
     preparation, publication, and distribution of informational 
     materials and resources for victims of crime and crime 
     victims organizations.'';
       (C) by striking paragraph (4) and inserting the following:
       ``(4) the term `crisis intervention services' means 
     counseling and emotional support including mental health 
     counseling, provided as a result of crisis situations for 
     individuals, couples, or family members following and related 
     to the occurrence of crime;'';
       (D) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (E) by adding at the end the following:
       ``(6) for purposes of an award under subsection (c)(1), the 
     term `eligible organization' includes any--
       ``(A) national or State organization with a commitment to 
     developing, implementing, evaluating, or enforcing victims' 
     rights and the delivery of services;
       ``(B) State agency or unit of local government;
       ``(C) tribal organization;
       ``(D) organization--
       ``(i) described in section 501(c) of the Internal Revenue 
     Code of 1986; and
       ``(ii) exempt from taxation under section 501(a) of such 
     Code; or
       ``(E) other entity that the Director determines to be 
     appropriate.''.
       (d) Compensation and Assistance to Victims of Terrorism of 
     Mass Violence.--Section 1404B of the Victims of Crime Act of 
     1984 (42 U.S.C. 10603b) is amended--
       (1) in subsection (a), by striking ``1404(a)'' and 
     inserting ``1402(d)(4)(B)''; and
       (2) in subsection (b), by striking ``1404(d)(4)(B)'' and 
     inserting ``1402(d)(4)(B)''.

     SEC. 206. TECHNICAL CORRECTION.

       Section 233(d) of the Antiterrorism and Effective Death 
     Penalty Act of 1996 (110 Stat. 1245) is amended by striking 
     ``1 year after the date of enactment of this Act'' and 
     inserting ``October 1, 1999''.

     SEC. 207. SERVICES FOR VICTIMS OF CRIME AND DOMESTIC 
                   VIOLENCE.

       Section 504 of Public Law 104-134 (110 Stat. 1321-53) shall 
     not be construed to prohibit a recipient (as that term is 
     used in that section) from using funds derived from a source 
     other than the Legal Services Corporation to provide related 
     legal assistance to any person with whom an alien (as that 
     term is used in subsection (a)(11) of that section) has a 
     relationship covered by the domestic violence laws of the 
     State in which the alien resides or in which an incidence of 
     violence occurred.

     SEC. 208. PILOT PROGRAM TO STUDY EFFECTIVENESS OF RESTORATIVE 
                   JUSTICE APPROACH ON BEHALF OF VICTIMS OF CRIME.

       (a) In General.--Notwithstanding any other provision of 
     law, amounts collected

[[Page S8275]]

     pursuant to sections 3729 through 3731 of title 31, United 
     States Code (commonly known as the ``False Claims Act''), may 
     be used by the Office of Victims of Crime to make grants to 
     States, units of local government, and qualified private 
     entities for the establishment of pilot programs that 
     implement balanced and restorative justice models.
       (b) Definition of Balanced and Restorative Justice Model.--
     In this section, the term ``balanced and restorative justice 
     model'' means an approach to criminal justice that promotes 
     the maximum degree of involvement by a victim, offender, and 
     the community served by a criminal justice system by allowing 
     the criminal justice system and related criminal justice 
     agencies to improve the capacity of the system and agencies 
     to--
       (A) protect the community served by the system and 
     agencies; and
       (B) ensure accountability of the offender and the system.

  Mr. KENNEDY. Madam President, It is a privilege to join in 
introducing the Crime Victims Empowerment Act. I commend Senator Leahy 
and Congresswoman McCarthy for their effective leadership on this 
important issue, and the many organizations who share our concern, 
especially the National Network to End Domestic Violence, the National 
Clearinghouse for the Defense of Battered Women, and the NOW Legal 
Defense Fund.
  Too often in the past, the victims of crime have been the forgotten 
citizens in the criminal justice system. The legislation we are 
introducing today is an attempt to redress the balance and to guarantee 
that victims of crime are not victimized a second time by the criminal 
justice system.
  First, the bill establishes new statutory rights for victims of 
Federal crimes, including expanded rights to participate in all phases 
of the criminal justice process, from trial through sentencing. 
Expanded rights are created for victims during trial proceedings.
  Second, the bill includes a number of important measures to assist 
victims of crimes under State laws. A key step here is to provide 
additional training and resources to State officials. Although most 
State judges and prosecutors are conscientious, there are too many 
cases in which the rights and needs of victims are ignored.
  Too often, for example, victims of assaults or other violent crimes 
learn about developments in their case by reading the newspaper, or 
watching the news on television. Victims should not have to learn about 
the release of their assailants in these ways. Our bill offers 
resources to local authorities to take this step and other basic steps 
to ensure that victims are not left out of the criminal justice 
provisions in obvious ways like this.
  To take another example, there is a critical shortage of victim 
advocates to provide services and support to crime victims. Our bill 
addresses this shortage by authorizing the hiring of additional 
personnel.
  These initiatives will not raise the deficit. They are financed by 
civil penalties paid under the False Claims Act.
  There is no need to amend the Constitution to protect the rights of 
victims of crime. We can accomplish our goal by statute, and ensure 
that victims are treated with the dignity and respect they deserve. I 
look forward to early action on this legislation, and to taking the 
long overdue steps to improve the quality of justice in our society by 
protecting the rights of victims.
                                 ______