[Congressional Record Volume 147, Number 54 (Thursday, April 26, 2001)]
[Senate]
[Pages S3998-S4003]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Kennedy, Mr. Feingold, Mrs. 
        Murray, Mr. Johnson, Mr. Schumer, and Mr. Harkin):
  S. 783. A bill to enhance the rights of victims in the criminal 
justice system, and for other purposes; to the Committee on the 
Judiciary.
  Mr. LEAHY. Mr. President, this past Sunday marked the beginning of 
National Crime Victims' Rights Week. We set this week aside each year 
to focus attention on the needs and rights of crime victims. I am 
pleased to take this opportunity to introduce legislation with my good 
friend from Massachusetts, Senator Kennedy, and our cosponsors, 
Senators Feingold, Murray, Johnson, Schumer and Harkin. Our bill, the 
Crime Victims Assistance Act of 2001, 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 in 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 
two decades, Congress has passed several bills to this end. These bills 
have included: the Victims Witness Protection Act of 1982; the Victims 
of Crime Act of 1984; the Victims' Bill of Rights of 1990; the Victims' 
Rights and Restitution Act of 1990; the Violence Against Women Act of 
1994; the Mandatory Victims Restitution Act of 1996; the Victim Rights 
Clarification Act of 1997; the Victims with Disabilities Awareness Act 
of 1998;

[[Page S3999]]

and the Victims of Trafficking and Violence Protection Act of 2000.
  The legislation that we introduce today, the Crime Victims Assistance 
Act of 2001, builds upon this progress. It provides for comprehensive 
reform of the Federal law to establish enhanced rights and protections 
for victims of Federal crime. Among other things, our bill provides 
crime victims with the right to consult with the prosecution prior to 
detention hearings and the entry of plea agreements, and generally 
requires the courts to give greater consideration to the views and 
interests of the victim at all stages of the criminal justice process. 
Responding to concerns raised by victims of the Oklahoma City bombing, 
the bill provides standing for the prosecutor and the victim to assert 
the right of the victim to attend and observe the trial.
  Assuring that victims are provided their statutorily guaranteed 
rights is a critical concern for all those involved in the 
administration of justice. Our bill would establish an administrative 
authority in the Department of Justice to receive and investigate 
victims' claims of unlawful or inappropriate action on the part of 
criminal justice and victims' service providers. Department of Justice 
employees who fail to comply with the law pertaining to the treatment 
of crime victims could face disciplinary sanctions, including 
suspension or termination of employment.
  In addition to these improvements to the Federal system, the bill 
proposes several programs to help States provide better assistance for 
victims of State crimes. These programs would improve compliance with 
State victim's rights laws, promote the development of state-of-the-art 
notification systems to keep victims informed of case developments and 
important dates on a timely and efficient basis, and encourage further 
experimentation with the community-based restorative justice model in 
the juvenile court setting.
  Finally, the Crime Victims Assistance Act would make several 
significant amendments to the Victims of Crime Act, VOCA, and improve 
the manner in which the Crime Victims Fund is managed and preserved. 
Most significantly, the bill would eliminate the cap on VOCA spending, 
which has prevented more than $700 million in Fund deposits from 
reaching victims and supporting essential services.
  Congress has capped spending from the Fund for the last two fiscal 
years, and President Bush has proposed a third cap for fiscal year 
2002. These limits on VOCA spending have created a growing sense of 
confusion and unease by many of those concerned about the future of the 
Fund.
  We should not be imposing artificial caps on VOCA spending while 
substantial unmet needs continue to exist. The Crime Victims Assistance 
Act replaces the cap with a formulaic approach, which would ensure 
stability and protection of Fund assets, while allowing more money to 
go out to the States for victim compensation and assistance.
  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.
  The Judiciary Committee has held several hearings over the last five 
years on a proposed constitutional amendment regarding crime victims. 
Unfortunately, the Committee has devoted not a minute to consideration 
of legislative initiatives like the Crime Victims Assistance Act, which 
Senator Kennedy and I first introduced in the 105th Congress, to assist 
crime victims and better protect their rights. Like many other 
deserving initiatives, it has taken a back seat to the constitutional 
amendment debate that continues.
  I regret that we have not done more for victims this year, or during 
the last few years. I have on several occasions 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. One notable 
exception was the Victims of Trafficking and Violence Protection Act of 
2000, which included a Leahy-Feinstein amendment dealing with support 
for victims of international terrorism. Senator Feinstein cares deeply 
about the rights of victims, and I am pleased that we could work 
together on some practical, pragmatic improvements to our federal crime 
victims' laws.
  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 would like to acknowledge several individuals and organizations 
that have been extremely helpful with regards to the legislation that 
we are introducing today: Dan Eddy, National Association of Crime 
Victim Compensation Boards; Steve Derene, Wisconsin Department of 
Justice Office of Crime Victims Services; Susan Howley, National Center 
for Victims of Crime; and John Stein, National Organization for Victim 
Assistance. I would also like to thank Kathryn M. Turman, the Acting 
Director for the Office for Victims of Crime, and Heather Cartwright 
and Carolyn Hightower of that office, for their work on this project.
  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 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.
  I ask unanimous consent that the text of the bill and the section-by-
section analysis be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 783

       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 2001''.
       (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 IN THE FEDERAL SYSTEM

Sec. 101. Right to consult concerning detention.
Sec. 102. Right to a speedy trial.
Sec. 103. Right to consult concerning plea.
Sec. 104. Enhanced participatory rights at trial.
Sec. 105. Enhanced participatory rights at sentencing.
Sec. 106. Right to notice concerning sentence adjustment.
Sec. 107. Right to notice concerning discharge from psychiatric 
              facility
Sec. 108. Right to notice concerning executive clemency.
Sec. 109. Procedures to promote compliance.

                TITLE II--VICTIM ASSISTANCE INITIATIVES

Sec. 201. Pilot programs to enforce compliance with State crime 
              victim's rights laws.
Sec. 202. Increased resources to develop state-of-the-art systems for 
              notifying crime victims of important dates and 
              developments.
Sec. 203. Restorative justice grants.
Sec. 204. Funding for Federal victim assistance personnel.

               TITLE III--VICTIMS OF CRIME ACT AMENDMENTS

Sec. 301. Crime victims fund.
Sec. 302. Crime victim compensation.
Sec. 303. Crime victim assistance.
Sec. 304. Victims of terrorism.

              TITLE I--VICTIM RIGHTS IN THE FEDERAL SYSTEM

     SEC. 101. RIGHT TO CONSULT CONCERNING DETENTION.

       (a) Right To Consult Concerning Detention.--Section 503(c) 
     of the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
     10607(c)) is amended by striking paragraph (2) and inserting 
     the following:
       ``(2) A responsible official shall--
       ``(A) arrange for a victim to receive reasonable protection 
     from a suspected offender and persons acting in concert with 
     or at the behest of the suspected offender; and
       ``(B) consult with a victim prior to a detention hearing to 
     obtain information that can

[[Page S4000]]

     be presented to the court on the issue of any threat the 
     suspected offender may pose to the safety of the victim.''.
       (b) Court Consideration of the Views of Victims.--Chapter 
     207 of title 18, United States Code, is amended--
       (1) in section 3142--
       (A) in subsection (g)--
       (i) in paragraph (3), by striking ``and'' at the end;
       (ii) by redesignating paragraph (4) as paragraph (5); and
       (iii) by inserting after paragraph (3) the following:
       ``(4) the views of the victim; and''; and
       (B) by adding at the end the following:
       ``(k) Views of the Victim.--During a hearing under 
     subsection (f), the judicial officer shall inquire of the 
     attorney for the Government if the victim has been consulted 
     on the issue of detention and the views of such victim, if 
     any.''.
       (2) in section 3156(a)--
       (A) in paragraph (4), by striking ``and'' at the end;
       (B) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(6) the term ``victim'' includes all persons defined as 
     victims in section 503(e)(2) of the Victims' Rights and 
     Restitution Act of 1990 (42 U.S.C. 10607(e)(2)).''.

     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 (as defined in section 
     10607(e)(2) of title 42, United States Code) in the prompt 
     and appropriate disposition of the case, free from 
     unreasonable delay.''.

     SEC. 103. RIGHT TO CONSULT CONCERNING PLEA.

       (a) Right To Consult Concerning Plea.--Section 503(c) of 
     the Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
     10607(c)) is amended--
       (1) by redesignating paragraphs (4) through (8) as 
     paragraphs (5) through (9), respectively; and
       (2) by inserting after paragraph (3) the following:
       ``(4) A responsible official shall make reasonable efforts 
     to notify a victim of, and consider the views of a victim 
     about, any proposed or contemplated plea agreement. In 
     determining what is reasonable, the responsible official 
     should consider factors relevant to the wisdom and 
     practicality of giving notice and considering views in the 
     context of the particular case, including--
       ``(A) the impact on public safety and risks to personal 
     safety;
       ``(B) the number of victims;
       ``(C) the need for confidentiality, including whether the 
     proposed plea involves confidential information or 
     conditions;
       ``(D) whether time is of the essence in negotiating or 
     entering a proposed plea; and
       ``(E) whether the victim is a possible witness in the case 
     and the effect that relaying any information may have upon 
     the right of the defendant to a fair trial.''.
       (b) Court Consideration of the Views of Victims.--Rule 11 
     of the Federal Rules of Criminal Procedure is amended--
       (1) by redesignating subdivisions (g) and (h) as 
     subdivisions (h) and (i), respectively; and
       (2) by inserting after subdivision (f) the following:
       ``(g) Views of the Victim.--Notwithstanding the acceptance 
     of a plea of guilty, the court should not enter a judgment 
     upon such plea without making inquiry of the attorney for the 
     Government if the victim (as defined in section 503(e)(2) of 
     the Victims' Rights and Restitution Act of 1990) has been 
     consulted on the issue of the plea and the views of such 
     victim, if any.''.
       (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 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 (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 
     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. 104. ENHANCED PARTICIPATORY RIGHTS AT TRIAL.

       (a) Amendments to Victim Rights Clarification Act.--Section 
     3510 of title 18, United States Code, is amended--
       (1) by redesignating subsection (c) as subsection (e); and
       (2) by inserting after subsection (b) the following:
       ``(c) 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.
       ``(d) Standing.--
       ``(1) In general.--At the request of any victim of an 
     offense, the attorney for the Government may assert the right 
     of the victim under this section to attend and observe the 
     trial.
       ``(2) Victim standing.--If the attorney for the Government 
     declines to assert the right of a victim under this section, 
     then the victim has standing to assert such right.
       ``(3) Appellate review.--An adverse ruling on a motion or 
     request by an attorney for the Government or a victim under 
     this subsection may be appealed or petitioned under the rules 
     governing appellate actions, provided that no appeal or 
     petition shall constitute grounds for delaying a criminal 
     proceeding.''.
       (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. ENHANCED PARTICIPATORY RIGHTS AT SENTENCING.

       (a) Views of the Victim.--Section 3553(a) of title 18, 
     United States Code, is amended--
       (1) in paragraph (6), by striking ``and'' at the end;
       (2) by redesignating paragraph (7) as paragraph (8); and
       (3) by inserting after paragraph (6) the following:
       ``(7) the impact of the crime upon any victim of the 
     offense as reflected in any victim impact statement and the 
     views of any victim of the offense concerning punishment, if 
     such statement or views are presented to the court; and''.
       (b) Enhanced Right To Be Heard Concerning Sentence.--Rule 
     32 of the Federal Rules of Criminal Procedure is amended--
       (1) in subdivision (c)(3)(E), by striking ``if the sentence 
     is to be imposed for a crime of violence or sexual abuse,''; 
     and
       (2) by amending subdivision (f) to read as follows:
       ``(f) Definition. For purposes of this rule, `victim' means 
     any individual against whom an offense has been committed for 
     which a sentence is to be imposed, but the right of 
     allocution under subdivision (c)(3)(E) may be exercised 
     instead by--
       ``(1) a parent or legal guardian if the victim is below the 
     age of eighteen years or incompetent; or
       ``(2) one or more family members or relatives designated by 
     the court if the victim is deceased or incapacitated;
     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

[[Page S4001]]

     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 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 CONCERNING SENTENCE ADJUSTMENT.

       Paragraph (6) of section 503(c) of the Victims' Rights and 
     Restitution Act of 1990, as redesignated by section 103 of 
     this Act, is amended by striking subparagraph (A) and 
     inserting:
       ``(A) the scheduling of a parole hearing or a hearing on 
     modification of probation or supervised release for the 
     offender;''.

     SEC. 107. RIGHT TO NOTICE CONCERNING DISCHARGE FROM 
                   PSYCHIATRIC FACILITY.

       Paragraph (6) of section 503(c) of the Victims' Rights and 
     Restitution Act of 1990, as redesignated by section 103 of 
     this Act, is amended by striking subparagraph (B) and 
     inserting:
       ``(B) the escape, work release, furlough, discharge or 
     conditional discharge, or any other form of release from 
     custody of the offender, including an offender who was found 
     not guilty by reason of insanity;''.

     SEC. 108. RIGHT TO NOTICE CONCERNING EXECUTIVE CLEMENCY.

       (a) Notice.--Paragraph (6) of section 503(c) of the 
     Victims' Rights and Restitution Act of 1990, as redesignated 
     by section 103 of this Act, is amended--
       (1) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (2) by inserting after subparagraph (B) the following:
       ``(C) the grant of executive clemency, including any 
     pardon, reprieve, commutation of sentence, or remission of 
     fine, to the offender; and''.
       (b) Reporting Requirement.--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.

     SEC. 109. PROCEDURES TO PROMOTE COMPLIANCE.

       (a) Regulations.--Not later than 1 year after the date of 
     enactment of this Act, the Attorney General of the United 
     States shall promulgate regulations to enforce the rights of 
     victims of crime described in section 502 of the Victims' 
     Rights and Restitution Act of 1990 (42 U.S.C. 10606) and to 
     ensure compliance by responsible officials with the 
     obligations described in section 503 of that Act (42 U.S.C. 
     10607).
       (b) Contents.--The regulations promulgated under subsection 
     (a) shall--
       (1) establish an administrative authority within the 
     Department of Justice to receive and investigate complaints 
     relating to the provision or violation of the rights of a 
     crime victim;
       (2) require a course of training for employees and offices 
     of the Department of Justice that fail to comply with 
     provisions of Federal law pertaining to the treatment of 
     victims of crime, and otherwise assist such employees and 
     offices in responding more effectively to the needs of 
     victims;
       (3) contain disciplinary sanctions, including suspension or 
     termination from employment, for employees of the Department 
     of Justice who willfully or wantonly fail to comply with 
     provisions of Federal law pertaining to the treatment of 
     victims of crime; and
       (4) provide that the Attorney General, or the designee of 
     the Attorney General, shall be the final arbiter of the 
     complaint, and that 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 ENFORCE COMPLIANCE WITH STATE 
                   CRIME VICTIM'S RIGHTS LAWS.

       (a) Definitions.--In this section:
       (1) Compliance authority.--The term ``compliance 
     authority'' means one of the compliance authorities 
     established and operated under a program under subsection (b) 
     to enforce the rights of victims of crime.
       (2) Director.--The term ``Director'' means the Director of 
     the Office for Victims of Crime.
       (3) Office.--The term ``Office'' means the Office for 
     Victims of Crime.
       (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 in 5 States to establish and 
     operate compliance authorities to enforce the rights of 
     victims of crime.
       (2) Agreements.--
       (A) In general.--The Attorney General, acting through the 
     Director, shall enter into an agreement with a State to 
     conduct a pilot program referred to in paragraph (1), which 
     agreement shall provide for a grant to assist the State in 
     carrying out the pilot program.
       (B) Contents of agreement.--The agreement referred to in 
     subparagraph (A) shall specify that--
       (i) the compliance authority shall be established and 
     operated in accordance with this section; and
       (ii) except with respect to meeting applicable requirements 
     of this section concerning carrying out the duties of a 
     compliance authority under this section (including the 
     applicable reporting duties under subsection (f) and the 
     terms of the agreement), a compliance authority 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 compliance authority.
       (c) Objectives.--
       (1) Mission.--The mission of a compliance authority 
     established and operated under a pilot program under this 
     section shall be to promote compliance and effective 
     enforcement of State laws regarding the rights of victims of 
     crime.
       (2) Duties.--A compliance authority established and 
     operated under a pilot program under this section shall--
       (A) receive and investigate complaints relating to the 
     provision or violation of the rights of a crime victim; and
       (B) issue findings following such investigations.
       (3) Other duties.--A compliance authority established and 
     operated under a pilot program under this section may--
       (A) pursue legal actions to define or enforce the rights of 
     victims;
       (B) review procedures established by public agencies and 
     private organizations that provide services to victims, and 
     evaluate the delivery of services to victims by such agencies 
     and organizations;
       (C) coordinate and cooperate with other public agencies and 
     private organizations concerned with the implementation, 
     monitoring, and enforcement of the rights of victims and 
     enter into cooperative agreements with such agencies and 
     organizations for the furtherance of the rights of victims;
       (D) ensure a centralized location for victim services 
     information;
       (E) recommend changes in State policies concerning victims, 
     including changes in the system for providing victim 
     services;
       (F) provide public education, legislative advocacy, and 
     development of proposals for systemic reform; and
       (G) advertise to advise the public of its services, 
     purposes, and procedures.
       (d) Eligibility.--To be eligible to receive a grant under 
     this section, a State shall submit an application to the 
     Director which includes assurances that--
       (1) the State has provided legal rights to victims of crime 
     at the adult and juvenile levels;
       (2) a compliance authority that receives funds under this 
     section will include a role for--
       (A) representatives of criminal justice agencies, crime 
     victim service organizations, and the educational community;
       (B) a medical professional whose work includes work in a 
     hospital emergency room; and
       (C) a therapist whose work includes treatment of crime 
     victims; and
       (3) Federal funds received under this section will be used 
     to supplement, and not to supplant, non-Federal funds that 
     would otherwise be available to enforce the rights of victims 
     of crime.
       (e) Preference.--In awarding grants under this section, the 
     Attorney General shall give preference to a State that 
     provides legal standing to prosecutors and victims of crime 
     to assert the rights of victims of crime.
       (f) Oversight.--
       (1) Technical assistance.--The Director may provide 
     technical assistance and training to a State that receives a 
     grant under this section to achieve the purposes of this 
     section.
       (2) Annual report.--Each State that receives a grant under 
     this section shall submit to the Director, for each year in 
     which funds from a grant received under this section are 
     expended, a report that contains--
       (A) a summary of the activities carried out under the grant 
     and an assessment of the effectiveness of such activities in 
     promoting compliance and effective implementation of the laws 
     of that State regarding the rights of victims of crime;
       (B) a strategic plan for the year following the year 
     covered under subparagraph (A); and

[[Page S4002]]

       (C) such other information as the Director may require.
       (g) Review of Program Effectiveness.--
       (1) In general.--The Director of the National Institute for 
     Justice shall conduct an evaluation of the pilot programs 
     carried out under this section to determine the effectiveness 
     of the compliance authorities that are the subject of the 
     pilot programs in carrying out the mission and duties 
     described in subsection (c).
       (2) Report.--Not later than 5 years after the date of 
     enactment of this Act, the Director of the National Institute 
     of Justice shall submit to the Committee on the Judiciary of 
     the House of Representatives and the Committee on the 
     Judiciary of the Senate a written report on the results of 
     the evaluation required by paragraph (1).
       (h) Grant Period.--A grant under this section shall be made 
     for a period not longer than 4 years, but may be renewed for 
     a period not to exceed 2 years on such terms as the Director 
     may require.
       (i) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section, to remain available until expended, 
     $8,000,000 for fiscal year 2002 and such sums as may be 
     necessary for fiscal years 2003, 2004, and 2005.
       (2) Evaluations.--Up to 5 percent of the amount authorized 
     to be appropriated under paragraph (1) in any fiscal year may 
     be used for administrative expenses incurred in conducting 
     the evaluations and preparing the report required by 
     subsection (g).

     SEC. 202. INCREASED RESOURCES TO DEVELOP STATE-OF-THE-ART 
                   SYSTEMS FOR NOTIFYING CRIME VICTIMS OF 
                   IMPORTANT DATES AND DEVELOPMENTS.

       The Victims of Crime Act of 1984 is amended by inserting 
     after section 1404C the following:

     ``SEC. 1404D. VICTIM NOTIFICATION GRANTS.

       ``(a) In General.--The Director may make grants as provided 
     in section 1404(c)(1)(A) to State, tribal, and local 
     prosecutors' offices, law enforcement agencies, courts, 
     jails, and correctional institutions, and to 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 on 
     a timely and efficient basis.
       ``(b) Integration of Systems.--Systems developed and 
     implemented under this section may be integrated with 
     existing case management systems operated by the recipient of 
     the grant.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, in 
     addition to funds made available by section 1402(d)(4)(C)--
       ``(1) $10,000,000 for fiscal year 2002;
       ``(2) $5,000,000 for fiscal year 2003; and
       ``(3) $5,000,000 for fiscal year 2004.
       ``(d) 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.''.

     SEC. 203. RESTORATIVE JUSTICE GRANTS.

       The Victims of Crime Act of 1984 is amended by inserting 
     after section 1404D, as added by section 202 of this Act, the 
     following:

     ``SEC. 1404E. RESTORATIVE JUSTICE GRANTS.

       ``(a) In General.--The Director may make grants as provided 
     in section 1404(c)(1)(A) of this title to States, units of 
     local government, tribal governments, and qualified private 
     entities for the development and implementation of community-
     based restorative justice programs in juvenile justice 
     systems.
       ``(b) Community-Based Restorative Justice Program.--In this 
     section, the term `community-based restorative justice 
     program' means a program based upon principles of restorative 
     justice and a concern for maintaining offenders safely in the 
     community.
       ``(c) Mission.--The mission of a program developed and 
     implemented under a grant under this section shall be to--
       ``(1) protect the community through processes in which 
     individual victims, offenders, and the community are all 
     active participants;
       ``(2) ensure accountability of the offenders to their 
     victims and community; and
       ``(3) equip offenders with the skills needed to live 
     responsibly and productively.
       ``(d) Voluntary Programs.--A program funded under this 
     section shall be fully voluntary for both victims and 
     offenders.
       ``(e) Report.--The Office for Victims of Crime shall 
     conduct a study and report to Congress not later than 3 years 
     after the date of enactment of this Act on the effectiveness 
     of programs that receive grants under this section.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, in 
     addition to funds made available by section 1402(d)(4)(C) of 
     this title, $4,000,000 for each of fiscal years 2002, 2003, 
     and 2004.
       ``(g) 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.''.

     SEC. 204. FUNDING FOR FEDERAL VICTIM ASSISTANCE PERSONNEL.

       (a) In General.--There are authorized to be appropriated 
     such sums as may be necessary to enable the Attorney General, 
     through the Director of the Office for Victims of Crime, to 
     retain 400 full-time or full-time equivalent employees to 
     serve as victim witness coordinators and victim witness 
     advocates in Federal law enforcement agencies.
       (b) Victims Assistance.--Employees retained pursuant to 
     this section shall provide assistance to victims of criminal 
     offenses investigated or prosecuted by a Federal law 
     enforcement agency and otherwise improve services for the 
     benefit of crime victims in the Federal system.
       (c) Allocation of Employees.--Full-time and full-time 
     equivalent employees retained pursuant to this section shall 
     be assigned by the Director of the Office for Victims of 
     Crime, as needed, in Federal law enforcement agencies, 
     including--
       (1) 170 to the United States Attorneys Offices; and
       (2) 120 to the Federal Bureau of Investigation in field 
     offices in Indian country (as defined in section 1151 of 
     title 18, United States Code) and other field offices that 
     handle investigations involving large numbers of victims, and 
     in the Headquarters Divisions.

               TITLE III--VICTIMS OF CRIME ACT AMENDMENTS

     SEC. 301. CRIME VICTIMS FUND.

       (a) Deposit of Gifts in the Fund.--Section 1402(b) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(b)) is 
     amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) any gifts, bequests, or donations to the Fund from 
     private entities or individuals.''.
       (b) Formula for Fund Distributions.--Section 1402(c) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is 
     amended--
       (1) in the second sentence--
       (A) by striking ``made available for obligation by 
     Congress'' and inserting ``obligated''; and
       (B) by inserting ``in reserve'' after ``shall remain''; and
       (2) by adding at the end the following: ``Subject to the 
     availability of money in the Fund, the Director shall make 
     available pursuant to this Act, not less than 90 percent nor 
     more than 110 percent of the total amount of funds made 
     available for obligation in the previous fiscal year.''.
       (c) Funding for Victim Assistance Personnel.--Section 
     1402(d) of the Victims of Crime Act of 1984 (42 U.S.C. 
     10601(d)) is repealed.
       (d) Allocation of Funds for Costs and Grants.--Section 
     1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C. 
     10601(d)(4)) is amended--
       (1) in subparagraph (A), by striking ``48.5'' and inserting 
     ``47.5'';
       (2) in subparagraph (B), by striking ``48.5'' and inserting 
     ``47.5''; and
       (3) in subparagraph (C), by striking ``3'' and inserting 
     ``5''.
       (e) Antiterrorism Emergency Reserve.--Section 1402(d)(5) of 
     the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)) is 
     amended to read as follows:
       ``(4)(A) Notwithstanding subsection (c), the Director may 
     set aside up to $50,000,000 from the amounts remaining in the 
     Fund as an antiterrorism emergency reserve fund. The Director 
     may replenish any amounts expended in subsequent fiscal years 
     by setting aside up to 5 percent of the amounts remaining in 
     the Fund in any fiscal year.
       ``(B) The antiterrorism emergency reserve referred to in 
     subparagraph (A) may be used for supplemental grants under 
     section 1404B (42 U.S.C. 10603b) and to provide compensation 
     to victims of international terrorism under section 1404C (42 
     U.S.C. 10603c).''.

     SEC. 302. CRIME VICTIM COMPENSATION.

       (a) Allocation of Funds for Compensation and Assistance.--
     Section 1403(a) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10602(a)) is amended--
       (1) in each of paragraphs (1) and (2), by striking ``40'' 
     and inserting ``60''; and
       (2) in paragraph (3), by striking ``5'' and inserting 
     ``10''.
       (b) Relationship of Crime Victim Compensation to Means-
     Tested Federal Benefit Programs.--Section 1403 of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10602) is amended by striking 
     subsection (c) and inserting the following:
       ``(c) Exclusion From Income, Resources, and Assets for 
     Purposes of Means Tests.--Notwithstanding any other law, for 
     the purpose of any maximum allowed income, resource, or asset 
     eligibility requirement in any Federal, State, or local 
     government program using Federal funds that provides medical 
     or other assistance (or payment or reimbursement of the cost 
     of such assistance), any amount of crime victim compensation 
     that the applicant receives through a crime victim 
     compensation program under this section shall not be included 
     in the income, resources, or assets of the applicant, nor 
     shall that amount reduce the amount of the assistance 
     available to the applicant from Federal, State, or local 
     government programs using Federal funds, unless the total 
     amount of assistance that the applicant receives from all 
     such programs is sufficient to fully compensate the applicant 
     for losses suffered as a result of the crime.''.
       (c) Conforming Amendment.--Section 1403(d)(4) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(4)) is 
     amended by inserting ``the United States Virgin Islands,'' 
     after ``the Commonwealth of Puerto Rico,''.

     SEC. 303. CRIME VICTIM ASSISTANCE.

       (a) Assistance for Victims in the District of Columbia, 
     Puerto Rico, and Other Territories and Possessions.--Section

[[Page S4003]]

     1404(a) of the Victims of Crime Act of 1984 (42 U.S.C. 
     10603(a)) is amended by adding at the end the following:
       ``(6) An agency of the Federal Government performing local 
     law enforcement functions in and on behalf of the District of 
     Columbia, the Commonwealth of Puerto Rico, the United States 
     Virgin Islands, or any other territory or possession of the 
     United States may qualify as an eligible crime victim 
     assistance program for the purpose of grants under this 
     subsection, or for the purpose of grants under subsection 
     (c)(1).''.
       (b) Prohibition on Discrimination Against Certain 
     Victims.--Section 1404(b)(1) of the Victims of Crime Act of 
     1984 (42 U.S.C. 10603(b)(1)) is amended--
       (1) in subparagraph (D), by striking ``and'' at the end;
       (2) in subparagraph (E), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) does not discriminate against victims because they 
     oppose the death penalty or disagree with the way the State 
     is prosecuting the criminal case.''.
       (c) Administrative Costs for Crime Victim Assistance.--
     Section 1404(b)(3) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10603(b)(3)) is amended by striking ``5'' and 
     inserting ``10''.
       (d) Grants for Program Evaluation and Compliance Efforts.--
     Section 1404(c)(1)(A) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10603(c)(1)(A)) is amended by inserting ``, program 
     evaluation, compliance efforts,'' after ``demonstration 
     projects''.
       (e) Fellowships and Clinical Internships.--Section 
     1404(c)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 
     10603(c)(3)) is amended--
       (1) in subparagraph (C), by striking ``and'' at the end;
       (2) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (3) 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.''.

     SEC. 304. VICTIMS OF TERRORISM.

       (a) Assistance to Victims of International Terrorism.--
     Section 1404B(a)(1) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10603b(a)(1)) is amended by striking ``who are not 
     persons eligible for compensation under title VIII of the 
     Omnibus Diplomatic Security and Antiterrorism Act of 1986''.
       (b) Compensation to Victims of International Terrorism.--
     Section 1404C(b) of the Victims of Crime of 1984 (42 U.S.C. 
     10603c(b)) is amended by adding at the end the following: 
     ``The amount of compensation awarded to a victim under this 
     subsection shall be reduced by any amount that the victim 
     received in connection with the same act of international 
     terrorism under title VIII of the Omnibus Diplomatic Security 
     and Antiterrorism Act of 1986.''.
                                  ____


    Crime Victims Assistance Act of 2001--Section-by-Section Summary


                                OVERVIEW

       The Crime Victims Assistance Act of 2001 represents an 
     important step in Congress's continuing efforts to provide 
     assistance and afford respect to victims of crime. The bill 
     would accomplish three major goals. First, it would provide 
     enhanced rights and protections for victims of federal 
     crimes. Second, it would assist victims of State crimes 
     through grant programs designed to promote compliance with 
     State victim's rights laws. Third, it would make several 
     significant amendments to the Victims of Crime Act and 
     improve the manner in which the Crime Victims Fund is managed 
     and preserved.


              Title I--Victim Rights in the Federal System

       Sec. 101. Right to consult concerning detention. Requires 
     the government to consult with victim prior to a detention 
     hearing to obtain information that can be presented to the 
     court on the issue of any threat the suspected offender may 
     pose to the victim. Requires the court to make inquiry during 
     a detention hearing concerning the views of the victim, and 
     to consider such views in determining whether the suspected 
     offender should be detained.
       Sec. 102. Right to a speedy trial. Requires the court to 
     consider the interests of the victim in the prompt and 
     appropriate disposition of the case, free from unreasonable 
     delay.
       Sec. 103. Right to consult concerning plea. Requires the 
     government to make reasonable efforts to notify the victim 
     of, and consider the victim's views about, any proposed or 
     contemplated plea agreement. Requires the court, prior to 
     entering judgment on a plea, to make inquiry concerning the 
     views of the victim on the issue of the plea.
       Sec. 104. Enhanced participatory rights at trial. Provides 
     standing for the prosecutor and the victim to assert the 
     right of the victim to attend and observe the trial. Extends 
     the Victim Rights Clarification Act to apply to televised 
     proceedings. Amends the Victims' Rights and Restitution Act 
     of 1990 to strengthen the right of crime victims to be 
     present at court proceedings, including trials.
       Sec. 105. Enhanced participatory rights at sentencing. 
     Requires the probation officer to include as part of the 
     presentence report any victim impact statement submitted by a 
     victim. Extends to all victims the right to make a statement 
     or present information in relation to the sentence. Requires 
     the court to consider the victim's views concerning 
     punishment, if such views are presented to the court, before 
     imposing sentence.
       Sec. 106. Right to notice concerning sentence adjustment. 
     Requires the government to provide the victim the earliest 
     possible notice of the scheduling of a hearing on 
     modification of probation or supervised release for the 
     offender.
       Sec. 107. Right to notice concerning discharge from 
     psychiatric facility. Requires the government to provide the 
     victim the earliest possible notice of the discharge or 
     conditional discharge from a psychiatric facility of an 
     offender who was found not guilty by reason of insanity.
       Sec. 108. Right to notice concerning executive clemency. 
     Requires the government to provide the victim the earliest 
     possible notice of the grant of executive clemency to the 
     offender. Requires the Attorney General to report to Congress 
     concerning executive clemency matters delegated for review or 
     investigation to the Attorney General.
       Sec. 109. Procedures to promote compliance. Establishes an 
     administrative system for enforcing the rights of crime 
     victims in the federal system.


                TITLE II--VICTIM ASSISTANCE INITIATIVES

       Sec. 201. Pilot programs to enforce compliance with 
     victim's rights laws. Authorizes the establishment of pilot 
     programs in five States to establish and operate compliance 
     authorities to promote compliance and effective enforcement 
     of State laws regarding the rights of victims of crime. 
     Compliance authorities would receive and investigate 
     complaints relating to the provision or violation of a crime 
     victim's rights, and issue findings following such 
     investigations. Authorizes appropriations to make grants for 
     these pilot programs.
       Sec. 202. Increased resources to develop state-of-the-art 
     systems for notifying crime victims of important dates and 
     developments. Authorizes appropriations for grants to develop 
     and implement crime victim notification systems.
       Sec. 203. Restorative justice grants. Authorizes 
     appropriations for grants to develop and implement community-
     based restorative justice programs in juvenile court 
     settings.
       Sec. 204. Funding for federal victim assistance personnel. 
     Authorizes appropriations to retain 400 full-time or full-
     time equivalent employees to serve as victim witness 
     coordinators and victim witness advocates in Federal law 
     enforcement agencies. These positions are currently funded 
     with money from the Crime Victims Fund.


               TITLE III--VICTIMS OF CRIME ACT AMENDMENTS

       Sec. 301. Crime Victims Fund. Replaces the annual cap on 
     the Fund with a formula that ensures stability in the amounts 
     distributed to the States, while preserving the amounts 
     remaining in the Fund for use in future years. Discontinues 
     the practice of using Fund money to pay for victim assistance 
     positions in certain federal agencies; these positions would 
     now be funded through direct appropriations under section 
     204. Increases the portion of the Fund that shall be 
     available to OVC for discretionary victim assistance grants 
     and for assistance to victims of federal crime. Permits OVC 
     to retain a maximum of $50 million in an antiterrorism 
     emergency reserve that can be replenished with up to 5 
     percent of the amounts retained in the Fund after the annual 
     Fund distribution.
       Sec. 302. Crime victim compensation. Increases from 40 to 
     60 percent the minimum threshold for the annual grant to 
     State crime victim compensation programs. Clarifies that a 
     payment of compensation to a victim shall not reduce the 
     amount of assistance available to that victim under other 
     government programs.
       Sec. 303. Crime victim assistance. Authorizes States to 
     give VOCA funds to U.S. Attorney's Offices in jurisdictions 
     where the U.S. Attorney is the local prosecutor. Prohibits 
     State crime victim assistance programs that receive VOCA 
     grants from discriminating against victims because they 
     oppose the death penalty or disagree with the way the State 
     is prosecuting the criminal case. Authorizes OVC to make 
     grants to eligible crime victim assistance programs for 
     program evaluation and compliance efforts. Allows OVC to use 
     funds for fellowships and clinical internships and to carry 
     out training programs.
       Sec. 304. Victims of Terrorism. Technical amendment to 
     section 2003 of the Trafficking Victims Protection Act of 
     2000 (PL 106-386), which inadvertently reversed the existing 
     exclusion under VOCA of individuals eligible for other 
     federal compensation under the Omnibus Diplomatic Security 
     and Antiterrorism Act of 1986 (ODSA). The exclusion of 
     individuals eligible for compensation under ODSA should have 
     been applied to section 1404C of VOCA, which covers direct 
     compensation to victims of international terrorism, and not 
     to section 1404B, which covers assistance to victims of 
     terrorism.
                                 ______