[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Pages S2777-S2785]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDMENTS SUBMITTED
______
CRIME VICTIMS ASSISTANCE ACT
______
LEAHY (AND OTHERS) AMENDMENT NO. 3097
(Referred to the Committee on Foreign Relations.)
Mr. LEAHY (for himself, Mr. Kennedy, Mr. Sarbanes, Mr. Kerry, Mr.
Harkin, Mrs. Murray, Mr. Feingold, and Mr. Robb) submitted an amendment
intended to be proposed by them to the bill (S. 934) to enhance rights
and protections for victims of crime; as follows:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Crime
Victims Assistance Act of 2000''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I--VICTIM RIGHTS
Sec. 101. Right to notice and to be heard concerning detention.
Sec. 102. Right to a speedy trial.
Sec. 103. Right to notice and to be heard concerning plea.
Sec. 104. Enhanced participatory rights at trial.
Sec. 105. Right to notice and to be heard concerning sentence.
Sec. 106. Right to notice and to be heard concerning sentence
adjustment.
Sec. 107. Right to notice of release or escape.
Sec. 108. Right to notice and to be heard concerning Executive
clemency.
Sec. 109. Remedies for noncompliance.
TITLE II--VICTIM ASSISTANCE INITIATIVES
Sec. 201. Pilot programs to establish ombudsman programs for crime
victims.
Sec. 202. Amendments to Victims of Crime Act of 1984.
Sec. 203. Increased training for law enforcement officers and court
personnel to respond to the needs of crime victims.
Sec. 204. Increased resources to develop state-of-the-art systems for
notifying crime victims of important dates and
developments.
Sec. 205. Pilot program to study effectiveness of restorative justice
approach on behalf of victims of crime.
Sec. 206. Compensation and assistance to victims of terrorist acts,
mass violence, or international terrorism.
TITLE I--VICTIM RIGHTS
SEC. 101. RIGHT TO NOTICE AND TO BE HEARD CONCERNING
DETENTION.
Section 3142 of title 18, United States Code, is amended--
(1) in subsection (g)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) the views of the victim; and''; and
(2) by adding at the end the following:
``(k) Notice and Right To Be Heard.--
``(1) In general.--Subject to paragraph (2), with respect
to each hearing under subsection (f)--
``(A) before the hearing, the Government shall make
reasonable efforts to notify the victim of--
``(i) the date and time of the hearing; and
``(ii) the right of the victim to be heard on the issue of
detention; and
``(B) at the hearing, the court shall inquire of the
Government whether the victim wishes to be heard on the issue
of detention and, if so, shall afford the victim such an
opportunity.
``(2) Exceptions.--The requirements of paragraph (1) shall
not apply to any case in which the Government or the court
reasonably believes--
``(A) available evidence raises a significant expectation
of physical violence or other retaliation by the victim
against the defendant; or
``(B) identification of the defendant by the victim is a
fact in dispute, and no means of verification has been
attempted.''.
(c) Victim Defined.--Section 3156(a) of title 18, United
States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) the term `victim'--
``(A) means an individual harmed as a result of a
commission 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; and
``(B) includes--
``(i) in the case of a victim who is less than 18 years of
age or incompetent, the parent or legal guardian of the
victim;
``(ii) in the case of a victim who is deceased or
incapacitated, 1 or more family members designated by the
court; and
``(iii) any other person appointed by the court to
represent the victim.''.
SEC. 102. RIGHT TO A SPEEDY TRIAL.
Section 3161(h)(8)(B) of title 18, United States Code, is
amended by adding at the end the following:
``(v) The interests of the victim (or the family of a
victim who is deceased or incapacitated) in the prompt and
appropriate disposition of the case, free from unreasonable
delay.''.
[[Page S2778]]
SEC. 103. RIGHT TO NOTICE AND TO BE HEARD CONCERNING PLEA.
(a) In General.--Rule 11 of the Federal Rules of Criminal
Procedure is amended--
(1) by redesignating subdivision (h) as subdivision (i);
and
(2) by inserting after subdivision (g) the following:
``(h) Rights of Victims.--
``(1) Victim defined.--In this subdivision, the term
`victim' means an individual harmed as a result of a
commission 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, and also
includes--
``(A) in the case of a victim who is less than 18 years of
age or incompetent, the parent or legal guardian of the
victim;
``(B) in the case of a victim who is deceased or
incapacitated, 1 or more family members designated by the
court; and
``(C) any other person appointed by the court to represent
the victim.
``(2) Notice.--The Government, before a proceeding at which
a plea of guilty or nolo contendere is entered, shall make
reasonable efforts to notify the victim of--
``(A) the date and time of the proceeding;
``(B) the elements of the proposed plea or plea agreement;
``(C) the right of the victim to attend the proceeding; and
``(D) the right of the victim to address the court
personally, through counsel, or in writing on the issue of
the proposed plea or plea agreement.
``(3) Opportunity to be heard.--The court, before accepting
a plea of guilty or nolo contendere, shall afford the victim
an opportunity to be heard, personally, through counsel, or
in writing, on the proposed plea or plea agreement.
``(4) Exceptions.--Notwithstanding any other provision of
this subdivision--
``(A) in any case in which a victim is a defendant in the
same or a related case, or in which the Government certifies
to the court under seal that affording such victim any right
provided under this rule will jeopardize an ongoing
investigation, the victim shall not have such right;
``(B) a victim who, at the time of a proceeding at which a
plea of guilty or nolo contendere is entered, is incarcerated
in any Federal, State, or local correctional or detention
facility, shall not have the right to appear in person, but,
subject to subparagraph (A), shall be afforded a reasonable
opportunity to present views or participate by alternate
means; and
``(C) 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 represent the
interests of the victims, except that all victims shall
retain the right to submit a written statement under
paragraph (2).''.
(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 of the
United States shall submit to Congress a report containing
recommendations for amending the Federal Rules of Criminal
Procedure to provide enhanced opportunities for victims to be
heard on the issue of whether or not the court should accept
a plea of guilty or nolo contendere.
(B) Inapplicability of other law.--Chapter 131 of title 28,
United States Code, does not apply to any recommendation made
by the Judicial Conference of the United States under this
paragraph.
(3) Congressional action.--Except as otherwise provided by
law, if the Judicial Conference of the United States--
(A) submits a report in accordance with paragraph (2)
containing recommendations described in that paragraph, and
those recommendations are the same as the amendments made by
subsection (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 Judicial Conference of the United
States under paragraph (2)) shall apply in any proceeding
commenced on or after the effective date of the amendment.
SEC. 104. ENHANCED PARTICIPATORY RIGHTS AT TRIAL.
(a) Amendment to Victim Rights Clarification Act.--Section
3510 of title 18, United States Code, is amended by adding at
the end the following:
``(d) Application to Televised Proceedings.--This section
applies to any victim viewing proceedings pursuant to section
235 of the Antiterrorism and Effective Death Penalty Act of
1996 (42 U.S.C. 10608), or any rule issued thereunder.''.
(b) Amendment to Victims' Rights and Restitution Act of
1990.--Section 502(b) of the Victims' Rights and Restitution
Act of 1990 (42 U.S.C. 10606(b)) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) The right to be present at all public court
proceedings related to the offense, unless the court
determines that testimony by the victim at trial would be
materially affected if the victim heard the testimony of
other witnesses.''; and
(2) in paragraph (5), by striking ``attorney'' and
inserting ``the attorney''.
SEC. 105. RIGHT TO NOTICE AND TO BE HEARD CONCERNING
SENTENCE.
(a) Enhanced Notice and Consideration of Victims' Views.--
(1) Imposition of sentence.--Section 3553(a) of title 18,
United States Code, is amended--
(A) in paragraph (6), by striking ``and'' at the end;
(B) by redesignating paragraph (7) as paragraph (8); and
(C) by inserting after paragraph (6) the following:
``(7) the views of any victims of the offense, if such
views are presented to the court; and''.
(2) Issuance and enforcement of order of restitution.--
Section 3664(d)(2)(A) of title 18, United States Code is
amended--
(A) by redesignating clauses (v) and (vi) as clauses (vii)
and (viii) respectively; and
(B) by inserting after clause (iv) the following:
``(v) the opportunity of the victim to attend the
sentencing hearing;
``(vi) the opportunity of the victim, personally or through
counsel, to make a statement or present any information to
the court in relation to the sentence;''.
(b) Enhanced Participatory Rights.--Rule 32 of the Federal
Rules of Criminal Procedure is amended--
(1) in subdivision (b)--
(A) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively;
(B) by inserting after paragraph (3) the following:
``(4) Notice to victim.--The probation officer must, before
submitting the presentence report, provide notice to the
victim as provided by section 3664(d)(2)(A) of title 18,
United States Code.''; and
(C) in paragraph (5), as redesignated--
(i) by redesignating subparagraphs (E) through (H) as
subparagraphs (F) through (I), respectively; and
(ii) by inserting after subparagraph (D) the following:
``(E) any victim impact statement submitted by a victim to
the probation officer;'';
(2) in subdivision (c)(3), by striking subparagraph (E) and
inserting the following:
``(E) afford the victim, personally or through counsel, an
opportunity to make a statement or present any information in
relation to the sentence, including information concerning
the extent and scope of the victim's injury or loss, and the
impact of the offense on the victim or the family of the
victim, except that the court may reasonably limit the number
of victims permitted to address the court if the number is so
large that affording each victim such right would result in
cumulative victim impact information or would unreasonably
prolong the sentencing process.''; and
(3) in subdivision (f)(1)--
(A) by striking ``the right of allocution under subdivision
(c)(3)(E)'' and inserting ``the notice and participatory
rights under subdivisions (b)(4) and (c)(3)(E)''; and
(B) by striking ``if such person or persons are present at
the sentencing hearing, regardless of whether the victim is
present;''.
(c) Effective Date.--
(1) In general.--The amendments made by subsection (b)
shall become effective as provided in paragraph (3).
(2) Action by judicial conference.--
(A) Recommendations.--Not later than 180 days after the
date of enactment of this Act, the Judicial Conference of the
United States shall submit to Congress a report containing
recommendations for amending the Federal Rules of Criminal
Procedure to provide enhanced opportunities for victims to
participate during the presentencing and sentencing phase of
the criminal process.
(B) Inapplicability of other law.--Chapter 131 of title 28,
United States Code, does not apply to any recommendation made
by the Judicial Conference of the United States under this
paragraph.
(3) Congressional action.--Except as otherwise provided by
law, if the Judicial Conference of the United States--
(A) submits a report in accordance with paragraph (2)
containing recommendations described in that paragraph, and
those recommendations are the same as the amendments made by
subsection (b), then the amendments made by subsection (b)
shall become effective 30 days after the date on which the
recommendations are submitted to Congress under paragraph
(2);
(B) submits a report in accordance with paragraph (2)
containing recommendations described in that paragraph, and
those recommendations are different in any respect from the
amendments made by subsection (b), the recommendations made
pursuant to paragraph (2) shall become effective 180 days
[[Page S2779]]
after the date on which the recommendations are submitted to
Congress under paragraph (2), unless an Act of Congress is
passed overturning the recommendations; and
(C) fails to comply with paragraph (2), the amendments made
by subsection (b) shall become effective 360 days after the
date of enactment of this Act.
(4) Application.--Any amendment made pursuant to this
section (including any amendment made pursuant to the
recommendations of the Judicial Conference of the United
States under paragraph (2)) shall apply in any proceeding
commenced on or after the effective date of the amendment.
SEC. 106. RIGHT TO NOTICE AND TO BE HEARD CONCERNING SENTENCE
ADJUSTMENT.
(a) In General.--Rule 32.1(a) of the Federal Rules of
Criminal Procedure is amended by adding at the end the
following:
``(3) Notice to victim.--At any hearing pursuant to
paragraph (2) involving 1 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 efforts to notify the victim
of the offense (and the victim of any new charges giving rise
to the hearing), 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.''.
(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 of the
United States 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 violent offenses of any revocation hearing
held pursuant to Rule 32.1(a)(2), and to afford such victims
an opportunity to participate.
(B) Inapplicability of other law.--Chapter 131 of title 28,
United States Code, does not apply to any recommendation made
by the Judicial Conference of the United States under this
paragraph.
(3) Congressional action.--Except as otherwise provided by
law, if the Judicial Conference of the United States--
(A) submits a report in accordance with paragraph (2)
containing recommendations described in that paragraph, and
those recommendations are the same as the 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 Judicial Conference of the United
States under paragraph (2)) shall apply in any proceeding
commenced on or after the effective date of the amendment.
SEC. 107. RIGHT TO NOTICE OF RELEASE OR ESCAPE.
(a) In General.--Subchapter C of chapter 229 of title 18,
United States Code, is amended by adding at the end the
following:
``Sec. 3627. Notice to victims of release or escape of
defendants
``(a) In General.--The Bureau of Prisons shall ensure that
reasonable notice is provided to each victim of an offense
for which a person is in custody pursuant to this
subchapter--
``(1) not less than 30 days before the release of such
person under section 3624, assignment of such person to pre-
release custody under section 3624(c), or transfer of such
person under section 3623;
``(2) not less than 10 days before the temporary release of
such person under section 3622;
``(3) not later than 12 hours after discovery that such
person has escaped;
``(4) not later than 12 hours after the return to custody
of such person after an escape; and
``(5) at such other times as may be reasonable before any
other form of release of such person as may occur.
``(b) Applicability.--This section applies to any escape,
work release, furlough, or any other form of release from a
psychiatric institution or other facility that provides
mental or other health services to persons in the custody of
the Bureau of Prisons.
``(c) Victim Contact Information.--It shall be the
responsibility of a victim to notify the Bureau of Prisons,
by means of a form to be provided by the Attorney General, of
any change in the mailing address of the victim, or other
means of contacting the victim, while the defendant is in the
custody of the Bureau of Prisons. The Bureau of Prisons shall
ensure the confidentiality of any information relating to a
victim.''.
(b) Technical and Conforming Amendment.--The analysis for
subchapter C of chapter 229 of title 18, United States Code,
is amended by adding at the end the following:
``3627. Notice to victims of release or escape of defendants.''.
SEC. 108. RIGHT TO NOTICE AND TO BE HEARD CONCERNING
EXECUTIVE CLEMENCY.
(a) Notification.--Subchapter C of chapter 229 of title 18,
United States Code, is amended by adding after section 3627,
as added by section 107, the following:
``Sec. 3628. Notice to victims concerning grant of executive
clemency
``(a) Definitions.--In this section--
``(1) the term `executive clemency'--
``(A) means any exercise by the President of the power to
grant reprieves and pardons under clause 1 of section 2 of
article II of the Constitution of the United States; and
``(B) includes any pardon, reprieve, commutation of
sentence, or remission of fine; and
``(2) the term `victim' has the same meaning given that
term in section 503(e) of the Victims' Rights and Restitution
Act of 1990 (42 U.S.C. 10607(e)).
``(b) Notice of Grant of Executive Clemency.--
``(1) If a petition for executive clemency is granted, the
Attorney General shall make reasonable efforts to notify any
victim of any offense that is the subject of the grant of
executive clemency that such grant has been made as soon as
practicable after that grant is made.
``(2) If a grant of executive clemency will result in the
release of any person from custody, notice under paragraph
(1) shall be prior to that release from custody, if
practicable.''.
(b) Technical and Conforming Amendment.--The analysis for
subchapter C of chapter 229 of title 18, United States Code,
is amended by adding at the end the following:
``3628. Notice to victims concerning grant of executive clemency.''.
(c) Reporting Requirements.--The Attorney General shall
submit biannually to the Committees on the Judiciary of the
House of Representatives and the Senate a report on executive
clemency matters or cases delegated for review or
investigation to the Attorney General by the President,
including for each year--
(1) the number of petitions so delegated;
(2) the number of reports submitted to the President;
(3) the number of petitions for executive clemency granted
and the number denied;
(4) the name of each person whose petition for executive
clemency was granted or denied and the offenses of conviction
of that person for which executive clemency was granted or
denied; and
(5) with respect to any person granted executive clemency,
the date that any victim of an offense that was the subject
of that grant of executive clemency was notified, pursuant to
Department of Justice regulations, of a petition for
executive clemency, and whether such victim submitted a
statement concerning the petition.
(d) Sense of the Senate Concerning the Right of Victims to
Notice and to be Heard Concerning Executive Clemency.--It is
the Sense of the Senate that--
(1) victims of a crime should be notified about any
petition for executive clemency filed by the perpetrators of
that crime and provided an opportunity to submit a statement
concerning the petition to the President; and
(2) the Attorney General should promulgate regulations or
internal guidelines to ensure that such notification and
opportunity to submit a statement are provided.
SEC. 109. REMEDIES FOR NONCOMPLIANCE.
(a) General Limitation.--Any failure to comply with any
amendment made by this title 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 of the United States 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
[[Page S2780]]
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 be the final 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. 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 for
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
``local government'' means a unit of a State or local
government, including a State court, 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) Maryland.
(D) Vermont.
(E) Virginia.
(F) Washington.
(G) Wisconsin.
(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.
(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--
(A) is fully apprised of the rights of that victim under
applicable Federal or State law; and
(B) is provided the opportunity to participate 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 that 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. 202. 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, or donations from private
entities or individuals.''; and
(2) in subsection (d)--
(A) in paragraph (4)--
(i) in subparagraph (A), by striking ``48.5'' and inserting
``47.5'';
(ii) in subparagraph (B), by striking ``48.5'' and
inserting ``47.5''; and
(iii) in subparagraph (C), by striking ``3'' and inserting
``5'';
(B) in paragraph (5), by adding at the end the following:
``(C) Any State that receives 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)--
(i) by striking ``5'' and inserting ``10''; and
(ii) by inserting ``and evaluation'' after
``administration''; and
(2) in subsection (b)--
(A) in paragraph (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'';
(B) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10); and
(C) by inserting after paragraph (7) the following:
``(8) such program does not discriminate against victims
because they oppose the death penalty or disagree with the
way the State is prosecuting the criminal case.''.
(c) Crime Victim Assistance.--Section 1404 of the Victims
of Crime Act of 1984 (42 U.S.C. 10603) is amended--
(1) in subsection (b)(3), by striking ``5'' and inserting
``10'';
(2) in subsection (c)--
(A) in paragraph (1)--
(i) by inserting ``or enter into cooperative agreements''
after ``make grants'';
(ii) by striking subparagraph (A) and inserting the
following:
``(A) for demonstration projects, evaluation, training, and
technical assistance services to eligible organizations;'';
(iii) in subparagraph (B), by striking the period at the
end and inserting ``; and''; and
(iv) 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
[[Page S2781]]
``(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
(3) 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) State court;
``(D) tribal organization;
``(E) 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
``(F) other entity that the Director determines to be
appropriate.''.
SEC. 203. INCREASED TRAINING FOR LAW ENFORCEMENT OFFICERS AND
COURT PERSONNEL TO RESPOND TO THE NEEDS OF
CRIME VICTIMS.
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 for Victims of Crime to make
grants to States, State courts, 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. 204. INCREASED RESOURCES TO DEVELOP STATE-OF-THE-ART
SYSTEMS FOR NOTIFYING CRIME VICTIMS 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 IMPORTANT DATES AND DEVELOPMENTS.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated to the Office for Victims of
Crime of the Department of Justice such sums as may be
necessary for grants to Federal, State, and local
prosecutors' offices and law enforcement agencies, Federal
and State courts, county jails, Federal and 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. 205. 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 pursuant to sections 3729 through 3731
of title 31, United States Code (commonly known as the
``False Claims Act'') and amounts available in the Crime
Victims Fund (42 U.S.C. 10601 et seq.), may be used by the
Office for Victims of Crime to make grants to States, State
courts, 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--
(1) protect the community served by the system and
agencies; and
(2) ensure accountability of the offender and the system.
SEC. 206. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORIST
ACTS, MASS VIOLENCE, OR INTERNATIONAL
TERRORISM.
(a) In General.--Section 1404B of the Victims of Crime Act
of 1984 (42 U.S.C. 10603b) is amended to read as follows:
``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF
TERRORIST ACTS OR MASS VIOLENCE.
``(a) In General.--The Director may make supplemental
grants as provided in section 1402(d)(5)--
``(1) to States, which shall be used for eligible crime
victim compensation and assistance programs for the benefit
of victims; and
``(2) to victim service organizations and to agencies
(including Federal, State, and local governments and foreign
governments) and organizations that provide emergency or
ongoing assistance to victims of crime, which shall be used
to provide, for the benefit of victims--
``(A) emergency relief (including assistance and crisis
response) and other related victim services;
``(B) emergency response training and technical assistance;
and
``(C) ongoing assistance including during any investigation
and prosecution.
``(b) Victim Defined.--
``(1) In general.--In this section, the term `victim' means
a person who has suffered direct physical or emotional injury
or death as a result of a terrorist act or mass violence
occurring on or after December 21, 1988.
``(2) Incompetent, incapacitated, or deceased victims.--In
the case of a victim who is less than 18 years of age,
incompetent, incapacitated, or deceased, a family member or
legal guardian of the victim may receive the compensation or
assistance under this section on behalf of the victim.
``(3) Exception.--Notwithstanding any other provision of
this section, in no event shall an individual who is
criminally culpable for the terrorist act or mass violence
receive any compensation or assistance under this section,
either directly or on behalf of a victim.
``(c) Rule of Construction.--Nothing in this section may be
construed to supplant any compensation available under title
VIII of the Omnibus Diplomatic Security and Antiterrorism Act
of 1986.''.
(b) Increase Cap on Emergency Reserve Fund and Allow for
Transfer of Unobligated Funds to the Emergency Reserve
Fund.--
(1) Cap increase.--Section 1402(d)(5)(A) of the Victims of
Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended by
striking ``$50,000,000'' and inserting ``$100,000,000''.
(2) Transfer.--Section 1402(e) of the Victims of Crime Act
of 1984 (42 U.S.C 10601(e)) is amended by striking ``in
excess of $500,000'' and all that follows through ``than
$500,000'' and inserting ``shall be available for deposit
into the emergency reserve fund referred to in subsection
(d)(5) at the discretion of the Director. Any remaining
unobligated sums''.
(c) Compensation to Victims of International Terrorism.--
(1) In general.--The Victims of Crime Act of 1984 (42
U.S.C. 10601 et seq.) is amended by inserting after section
1404B the following:
``SEC. 1404C. COMPENSATION TO VICTIMS OF INTERNATIONAL
TERRORISM.
``(a) Findings.--Congress makes the following findings:
``(1) Nationals of the United States and officers and
employees of the Federal Government may suffer physical and
emotional injury or death as a result of international
terrorism.
``(2) The United States has an obligation to assist
nationals of the United States if, through no fault of their
own, they are targeted by terrorists as symbols of the United
States.
``(3) Officers and employees of the United States who are
not nationals of the United States may serve as a surrogate
for the United States and may be targeted by international
terrorists. Depending upon the nature of the duties of such
an officer or employee, and the location of service of that
officer or employee, the officer or employee may be placed in
circumstances of greater vulnerability than other individuals
who are not nationals of the United States.
``(4) Even if international terrorism is not directed
clearly or exclusively at the United
[[Page S2782]]
States, the status of an individual as a national of the
United States or as an officer or employee of the Federal
Government may contribute to some extent to the targeting of
that individual by terrorists.
``(5) To provide fair compensation to these victims of
international terrorism, Congress should assist these victims
with the typical expenses of victimization and the
extraordinary expenses associated with victimization abroad.
``(b) Definitions.--In this section:
``(1) International terrorism.--The term `international
terrorism' has the meaning given the term in section 2331 of
title 18, United States Code.
``(2) National of the united states.--The term `national of
the United States' has the meaning given the term in section
101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)).
``(3) Victim.--
``(A) In general.--The term `victim' means a person who--
``(i) suffered direct physical or emotional injury or death
as a result of international terrorism occurring on or after
December 21, 1988; and
``(ii) as of the date on which the international terrorism
occurred, was a national of the United States or an officer
or employee of the Federal Government.
``(B) Incompetent, incapacitated, or deceased victims.--In
the case of a victim who is less than 18 years of age,
incompetent, incapacitated, or deceased, a family member or
legal guardian of the victim may receive the assistance under
this section on behalf of the victim.
``(C) Exception.--Notwithstanding any other provision of
this section, in no event shall an individual who is
criminally culpable for the terrorist act or mass violence
receive any assistance under this section, either directly or
on behalf of a victim.
``(c) Award of Compensation.--The Director may carry out a
program as provided in section 1402(d)(5)(B) to provide
assistance to victims of international terrorism to
compensate them for expenses associated with that
victimization.
``(d) Annual Report.--The Director shall annually submit to
Congress a report on the status and activities of the program
under this section, which report shall include--
``(1) an explanation of the procedures for filing and
processing of applications for assistance;
``(2) a description of the procedures and policies
instituted to promote public awareness about the program;
``(3) a complete statistical analysis of the victims
assisted under the program, including--
``(A) the number of applications for assistance submitted;
``(B) the number of applications approved and the amount of
each award;
``(C) the number of applications denied and the reasons for
the denial;
``(D) the average length of time to process an application
for assistance; and
``(E) the number of applications for assistance pending and
the estimated future liability of the program; and
``(4) an analysis of future program needs and suggested
program improvements.''.
(2) Conforming amendment.--Section 1402(d)(5)(B) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is
amended by inserting ``, to provide assistance to victims of
international terrorism under the program under section
1404C,'' after ``section 1404B''.
Mr. LEAHY. Mr. President, this week marks the 20th anniversary of our
observance of National Crime Victims' Rights Week. This is a week that
we set aside each year to honor and commemorate the victims of crime
and those who serve them. It is appropriate to take this time to
discuss the unmet needs of victims in our Nation's criminal justice
system.
Tremendous strides have been made in these past 20 years toward
ensuring better and more comprehensive rights and services for victims
of crime. Today, there are over 30,000 laws nationwide that define and
protect victims' rights, as well as over 10,000 national, State, and
local organizations that provide assistance to people who have been
hurt by crime. This is substantial progress, but there is still more to
be done.
My involvement with crime victims' rights began more than three
decades ago when I served as State's Attorney for Chittenden County,
Vermont, 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 and domestic
violence, 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. During the last
two decades, 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' Rights and Restitution Act of 1990;
The Violence Against Women Act of 1994;
The Mandatory Victims' Restitution Act of 1996;
The Justice for Victims of Terrorism Act of 1996;
The Victim Rights Clarification Act of 1997;
The Crime Victims with Disabilities Awareness Act of 1998; and
The Torture Victims Relief Act of 1998.
It is because of my continuing commitment to protecting the rights of
victims that I joined with Senator Kennedy to introduce the Crime
Victims Assistance Act, S. 934, and its predecessor in the 105th
Congress. This legislation offers full-scale reform of Federal rules
and Federal law to establish stronger rights and protections for
victims of Federal crime. This legislation further proposes to assist
victims of State crime through the infusion of additional resources to
make the criminal justice system more supporting of crime victims. In
addition, this legislation would improve the capacity of the Office for
Victims of Crime to provide more immediate and effective assistance to
Americans who are victims of terrorism abroad.
The Crime Victims Assistance Act would improve the lot of victims
throughout the country. Unfortunately, it appears that in this
Congress, as in the last, we will not take the simple and important
step of enacting this legislation. Instead, the Judiciary Committee has
focused on proposals to amend the United States Constitution. Such
action is ill-advised and a constitutional amendment is unnecessary. I
regret that for the last several years the pace of crime victim
legislation has slowed dramatically. I have grave reservations about
proceeding first to amend the Constitution and only then to design and
enact the legislation that could help crime victims. To help victims we
must act on legislation like the Crime Victims Assistance Act and we
should be doing so without further delay.
While the Crime Victims Assistance Act is central to a package of
victim assistance legislation, it does not stand alone. There is so
much that we could be doing to help victims, none of which requires an
amendment to the Constitution. If we truly want to help victims we
should, for example, re-authorize the Violence Against Women Act. A
bill to reauthorize those programs has been pending without action for
too long. It contains over $3.7 billion dollars in funding over five
years, funding that primarily goes to State and local programs that
desperately need assistance.
Just yesterday, the Office of Justice Programs announced that Women
Helping Battered Women in Burlington, Vermont, will be receiving
$249,043 under the Rural Domestic Violence and Child Victimization
Enforcement Program--a VAWA program that I initiated. Earlier this
month, the Vermont Center for Crime Victim Services received an award
of $799,534 under the same program. This program, and other VAWA
programs, meet the true and immediate needs of victims in every State.
By contrast, the proposed constitutional amendment is a political
gimmick, which promises much but fails to define real rights or provide
real remedies or assistance.
We must also do more for victims of hate crimes by passing the Hate
Crimes Prevention Act. This legislation amends the Federal hate crimes
statute to make it easier for federal law enforcement officials to
investigate and prosecute cases of racial and religious violence. It
also focuses the attention and resources of the Federal Government on
the problem of hate crimes committed against people because of their
sexual orientation, gender, or disability. The Senate approved this
legislation last summer as part of the Commerce-Justice-State
appropriations bill, but it was dropped before final passage. We should
pass it now, without further delay.
With a simple majority of both Houses of Congress we can pass the
Crime Victims Assistance Act, which should have been enacted three
years ago; we can re-authorize the Violence Against Women Act; we can
pass the Hate Crimes Prevention Act. These laws can make a difference
today in
[[Page S2783]]
the lives of crime victims throughout the country. There would be no
need to achieve super-majorities in both Houses of Congress, no need to
await ratification efforts among the States and no need to go through
the ensuing process of enacting implementing legislation.
I regret that we did not do more for victims last year or the year
before. Over the course of that time, I have noted my concern that we
not dissipate the progress we could be making by focusing exclusively
on efforts to amend the Constitution. Regretfully, I must note that the
pace of victims legislation has slowed noticeably and many
opportunities for progress have been squandered.
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.
I want to take this opportunity to commend all those who work so hard
every day to assist victims of crime and to prevent others from
becoming victims of crime. That is something I try to do every year
and, in particular, during Crime Victims Rights Week. In preparing to
do so again this year I was disappointed to see that no other Senator
has yet recognized Crime Victims Rights week.
On behalf of Senators Kennedy, Sarbanes, Kerry, Harkin, Murray,
Feingold, and Robb, I am today filing a substitute amendment to our
bill. In spite of the Judiciary Committee's lack of attention to these
matters, we have continued to work on them, think about them and to
improve the bill. I ask unanimous consent that a copy of the substitute
amendment and a section-by-section summary be printed in the Record.
Mr. KENNEDY. Mr. President, I support greater recognition of the
rights of victims of crime. Clearly, they deserve enforceable rights
that are guaranteed by law. But, just as clearly, these rights can be
achieved without amending the Constitution. The Constitution is the
foundation of our democracy, and it reflects the enduring principles of
our country. The framers deliberately made it difficult to amend
because it was never intended to be used for normal legislative
purposes.
We have a responsibility to assure victims of crime that their rights
in the criminal justice system will not be ignored. That is why my
colleagues and I are re-introducing the Crime Victims Assistance Act.
Our bill clearly defines the rights of victims, and it establishes an
effective means to implement and enforce these rights. It does so
without taking the drastic and unnecessary step of amending the
Constitution. Acting through legislation allows us to act quickly to
give victims the rights to which they are entitled. It also allows us
to react quickly to changing circumstances. By contrast, the proponents
of a constitutional amendment are asking victims to wait, possibly for
years, before any of the provisions in the amendment are adopted, much
less implemented.
Our bill provides enhanced protections to victims of federal crimes.
It assures victims a greater voice in the prosecution of the criminals
who injured them and their families. It gives victims the right to be
notified and heard on detention and plea agreements, the right to be
notified and heard at probation revocation hearings, the right to be
notified of the escape or release of a criminal from prison, and the
right to a speedy trial and prompt disposition, free from unreasonable
delay. In addition, our bill enhances victims' rights to obtain
restitution, to be notified and heard at sentencing, and to be present
at trial.
The rights established by our bill will fill the existing gaps in
federal criminal law and will be a major step toward ensuring that
victims of crime receive appropriate and sensitive treatment. Our bill
will achieve these goals in a way that does not interfere with the
efforts of the States to protect victims in ways appropriate to each
State's unique needs.
Our bill also contains measures to ensure that victims receive the
counseling, information, and assistance they need in order to
participate in the criminal justice process to the maximum extent
possible. It creates and funds additional federal victim assistance
personnel. It authorizes the use of funds to establish effective pilot
programs. It provides funds for increased training of state and local
law enforcement agencies and court personnel, to enable them to respond
effectively to the needs of victims and to notify them of important
dates and developments. Our bill also establishes ombudsman programs to
ensure that victims are given unbiased information about navigating the
criminal justice process. To make all of these improvements possible,
the proposed statute also improves federal financial support for victim
assistance and compensation.
There is no need to amend the constitution to achieve these important
goals. In my view, when it is not necessary to amend the constitution
to achieve a particular goal, it is necessary not to amend it. That is
why I ask my colleagues to establish effective and enforceable rights
for victims of crime by supporting the Crime Victims Assistance Act.
Mr. FEINGOLD. Mr. President, I was pleased to join Senators Leahy and
Kennedy as a sponsor of the Crime Victims Assistance Act, and I endorse
this modified version of the bill. This is an important bill designed
to give substantial, enforceable rights to the victims of federal
crimes to participate fully in the various criminal justice proceedings
arising out of their cases.
I understand that the sponsors of the constitutional amendment
concerning the rights of victims of crime, often referred to as the
Victims' Rights Amendment or VRA, will bring the amendment to the
Senate floor in the near future. I have the utmost concern for the
victims of crime, and I want to see them supported as much as possible
in the law as they deal with the consequences of the crime committed
against them. But I oppose the amendment.
The main reason for my opposition is that I do not think it is
necessary to amend our great governing document, the Constitution of
the United States, to provide the protection that victims of crime seek
and deserve. We have a responsibility to deal with these issues through
legislation before turning to the constitutional amendment process.
That process is long and uncertain and its results are much less easier
to fix than a statute if we have left something undone that should have
been done.
The statutory alternative developed by Senators Leahy and Kennedy,
which I expect will be offered as an amendment to the VRA when it comes
to the floor, will truly serve the interests of victims in a much more
direct and effective way than would a constitutional amendment. And we
can enact it this year, getting relief and protections to victims of
crime immediately that will not be available to them until some
uncertain date under the constitutional amendment.
So I am pleased to join in this effort, and I look forward to working
with my colleagues to try to convince the Senate that this is the best
way to support the interests of victims of violent crime.
______
JOHN H. CHAFEE ENVIRONMENTAL EDUCATION ACT OF 1999
______
INHOFE AMENDMENT NO. 3098
(Ordered to lie on the table.)
Mr. INHOFE submitted an amendment intended to be proposed by him to
the bill (S. 1946) to amend the National Environmental Education Act to
redesignate that Act as the ``John H. Chafee Environmental Education
Act,'' to establish the John H. Chafee Memorial Fellowship Program, to
extend the programs under that Act, and for other purposes; as follows:
In section 7(f) of the John H. Chafee Environmental
Education Act (as amended by section 4(a)), strike paragraph
(2) and insert the following:
``(2) Membership.--The Panel shall consist of 5 members,
appointed by the Administrator from among persons recommended
by the National Environmental Education Advisory Council.
In section 6(1) of the bill, strike subparagraph (C) and
insert the following:
(C) by striking the last sentence;
In section 11(b)(1) of the John H. Chafee Environmental
Education Act (as amended by section 8(a)(2))--
[[Page S2784]]
(1) in subparagraph (C)--
(A) strike ``40 percent'' and insert ``38 percent''; and
(B) strike ``and'' at the end;
(2) in subparagraph (D), strike the period at the end and
insert ``; and''; and
(3) add at the end the following:
``(E) not more than 2 percent shall be used to administer
and make grants under the teachers' awards program under
section 8(b).
______
PALACE OF THE GOVERNORS EXPANSION ACT
______
DOMENICI AMENDMENT NO. 3099
Mr. SESSIONS (for Mr. Domenici) proposed an amendment to the bill (S.
1727) to authorize for the expansion annex of the historic Palace of
the Governors, a public history museum located, and relating to the
history of Hispanic and Native American culture, in the Southwest and
for other purposes, as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Palace of the Governors Annex Act''.
SEC. 2. CONSTRUCTION OF PALACE OF THE GOVERNORS ANNEX, SANTA
FE, NEW MEXICO.
(a) Findings.--Congress finds that--
(1) the United States has a rich legacy of Hispanic
influence in politics, government, economic development, and
cultural expression;
(2) the Palace of the Governors--
(A) has been the center of administrative and cultural
activity over a vast region of the Southwest since its
construction as New Mexico's second capitol in Santa Fe by
Governor Pedro de Peralta in 1610;
(B) is the oldest continuously occupied public building in
the continental United States, having been occupied for 390
years; and
(C) has been designated as a National Historic Landmark;
(3) since its creation, the Museum of New Mexico has worked
to protect and promote Southwestern, Hispanic, and Native
American arts and crafts;
(4) the Palace of the Governors houses the history division
of the Museum of New Mexico;
(5) the Museum has an extensive, priceless, and
irreplaceable collection of--
(A) Spanish Colonial paintings (including the Segesser Hide
Paintings, paintings on buffalo hide dating back to 1706);
(B) pre-Columbian Art; and
(C) historic artifacts, including--
(i) helmets and armor worn by the Don Juan de Onate
expedition conquistadors who established the first capital in
the territory that is now the United States, San Juan de los
Caballeros, in July 1598;
(ii) the Vara Stick used to measure land grants and other
real property boundaries in Dona Ana County, New Mexico;
(iii) the Columbus, New Mexico Railway Station clock that
was shot, stopping the pendulum, freezing for all history the
moment when Pancho Villa's raid began;
(iv) the field desk of Brigadier General Stephen Watts
Kearny, who was posted to New Mexico during the Mexican War
and whose Army of the West traveled the Santa Fe trail to
occupy the territories of New Mexico and California; and
(v) more than 800,000 other historic photographs, guns,
costumes, maps, books, and handicrafts;
(6) the Palace of the Governors and its contents are
included in the Mary C. Skaggs Centennial Collection of
America's Treasures;
(7) the Palace of the Governors and the Segesser Hide
paintings have been declared national treasures by the
National Trust for Historic Preservation; and
(8) time is of the essence in the construction of an annex
to the Palace of the Governors for the exhibition and storing
of the collection described in paragraph (5), because--
(A) the existing facilities for exhibiting and storing the
collection are so inadequate and unsuitable that existence of
the collection is endangered and its preservation is in
jeopardy; and
(B) 2010 marks the 400th anniversary of the continuous
occupation and use of the Palace of the Governors and is an
appropriate date for ensuring the continued viability of the
collection.
(b) Definitions.--In this section:
(1) Annex.--The term ``Annex'' means the annex for the
Palace of the Governors of the Museum of New Mexico, to be
constructed behind the Palace of the Governors building at
110 Lincoln Avenue, Santa Fe, New Mexico.
(2) Office.--The term ``Office'' means the State Office of
Cultural Affairs.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) State.--The term ``State'' means the State of New
Mexico.
(c) Grant.--
(1) In general.--Subject to the availability of
appropriations, the Secretary shall make a grant to the
Office to pay 50 percent of the costs of the final design,
construction, management, inspection, furnishing, and
equipping of the Annex.
(2) Requirements.--Subject to the availability of
appropriations, to receive a grant under this paragraph (1),
the Office shall--
(A) submit to the Secretary a copy of the architectural
blueprints for the Annex; and
(B) enter into a memorandum of understanding with the
Secretary under subsection (d).
(d) Memorandum of Understanding.--At the request of the
Office, the Secretary shall enter into a memorandum of
understanding with the Office that--
(1) requires that the Office award the contract for
construction of the Annex after a competitive bidding process
and in accordance with the New Mexico Procurement Code; and
(2) specifies a date for completion of the Annex.
(e) Non-federal share.--The non-Federal share of the costs
of the final design, construction, management, inspection,
furnishing, and equipping of the Annex--
(1) may be in cash or in kind fairly evaluated, including
land, art and artifact collections, plant, equipment, or
services; and
(2) shall include any contribution received by the State
(including contributions from the New Mexico Foundation and
other endowment funds) for, and any expenditure made by the
State for, the Palace of the Governors or the Annex,
including--
(A) design;
(B) land acquisition (including the land at 110 Lincoln
Avenue, Santa Fe, New Mexico);
(C) acquisitions for and renovation of the library;
(D) conservation of the Palace of the Governors;
(E) construction, management, inspection, furnishing, and
equipping of the Annex; and
(F) donations of art collections and artifacts to the
Museum of New Mexico on or after the date of enactment of
this Act.
(f) Use of Funds.--The funds received under a grant awarded
under subsection (c) shall be used only for the final design,
construction, management, inspection, furnishing and
equipment of the Annex.
(g) Authorization of Appropriations.--
(1) In general.--Subject to paragraph (2), subject to the
availability of appropriations, there is authorized to be
appropriated to the Secretary to carry out this section
$15,000,000, to remain available until expended.
(2) Condition.--Paragraph (1) authorizes sums to be
appropriated on the condition that--
(A) after the date of enactment of this Act and before
January 1, 2010, the State appropriate at least $8,000,000 to
pay the costs of the final design, construction, management,
inspection, furnishing, and equipping of the Annex; and
(B) other non-Federal sources provide sufficient funds to
pay the remainder of the 50 percent non-Federal share of
those costs.
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NRC FAIRNESS IN FUNDING ACT OF 1999
______
SMITH AMENDMENTS NOS. 3100-3101
Mr. SESSIONS (for Mr. Smith of New Hampshire) proposed two amendments
to the bill (S. 1627) to extend the authority of the Nuclear Regulatory
Commission to collect fees through 2004, and for other purposes; as
follows:
Amendment No. 3100
Beginning on page 5, strike line 2 and all that follows
through page 7, line 22, and insert the following:
SEC. 101. NUCLEAR REGULATORY COMMISSION ANNUAL CHARGES.
Section 6101 of the Omnibus Budget Reconciliation Act of
1990 (42 U.S.C. 2214) is amended--
(1) in subsection (a)(3), by striking ``September 30,
1999'' and inserting ``September 20, 2005''; and
(2) in subsection (c)--
(A) in paragraph (1), by inserting ``or certificate
holder'' after ``licensee''; and
(B) by striking paragraph (2) and inserting the following:
``(2) Aggregate amount of charges.--
``(A) In general.--The aggregate amount of the annual
charges collected from all licensees and certificate holders
in a fiscal year shall equal an amount that approximates the
percentages of the budget authority of the Commission for the
fiscal year stated in subparagraph (B), less--
``(i) amounts collected under subsection (b) during the
fiscal year; and
``(ii) amounts appropriated to the Commission from the
Nuclear Waste Fund for the fiscal year.
``(B) Percentages.--The percentages referred to in
subparagraph (A) are--
``(i) 98 percent for fiscal year 2001;
``(ii) 96 percent for fiscal year 2002;
``(iii) 94 percent for fiscal year 2003;
``(iv) 92 percent for fiscal year 2004; and
``(v) 88 percent for fiscal year 2005.''.
____
Amendment No. 3101
On page 7, strike line 23 and insert the following:
SEC. 102. NUCLEAR REGULATORY COMMISSION AUTHORITY OVER FORMER
LICENSEES FOR DECOMMISSIONING FUNDING.
Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C.
2201(i)) is amended--
(1) by striking ``and (3)'' and inserting ``(3)''; and
[[Page S2785]]
(2) by inserting before the semicolon at the end the
following: ``, and (4) to ensure that sufficient funds will
be available for the decommissioning of any production or
utilization facility licensed under section 103 or 104b.,
including standards and restrictions governing the control,
maintenance, use, and disbursement by any former licensee
under this Act that has control over any fund for the
decommissioning of the facility''.
SEC. 103. COST RECOVERY FROM GOVERNMENT AGENCIES.
____________________