[Congressional Record Volume 149, Number 055 (Monday, April 7, 2003)]
[Senate]
[Pages S4902-S4908]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Kennedy, Mr. Corzine, Mr. Daschle, 
        Mr. Kerry, Mr. Feingold, Mrs. Murray, and Mr. Schumer):
  S. 805. A bill to enhance the rights of crime victims, to establish 
grants for local governments to assist crime victims, 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

[[Page S4903]]

this opportunity to introduce legislation with my good friend from 
Massachusetts, Senator Kennedy, and our cosponsors, Senators Corzine, 
Kerry, Murray, and Schumer. Our bill, the Crime Victims Assistance Act 
of 2003, 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 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 Crime 
Victims with Disabilities Awareness Act of 1998; the Victims of 
Trafficking and Violence Protection Act of 2000; the Victims of 
Terrorism Tax Relief Act of 2001; and the September 11th Victim 
Compensation Fund of 2001.
  The legislation that we introduce today, the Crime Victims Assistance 
Act of 2003, 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 innovative new programs to help States provide better 
services to victims of State crimes. The bill authorizes technology 
grants for local authorities to develop state-of-the-art notification 
systems to keep victims informed of case developments and important 
dates. Grants would also be available to improve compliance with State 
victim's rights laws, encourage further experimentation with the 
community-based restorative justice model, streamline access to victim 
services through the use of case managers, and expand the capacity of 
victim service providers to serve victims with limited English 
proficiency.
  Finally, the Crime Victims Assistance Act would improve the manner in 
which the Crime Victims Fund is managed and preserved. Most 
significantly, the bill would eliminate the annual cap on spending from 
the Fund, which has prevented millions of dollars of Fund deposits from 
reaching victims and supporting essential services. We should not be 
imposing artificial caps on VOCA spending while substantial unmet needs 
continue to exist. The Crime Victims Assistance Act would replace the 
cap with a self-regulating system, supported by crime victim groups, 
that would ensure the stability and protection of Fund assets, while 
allowing more money to be distributed for victim programs.
  These are all matters that can be considered and enacted this year 
with a simple majority of both Houses of Congress. They need not 
overcome the delay and higher standards necessitated by proposing to 
amend the Constitution. They need not wait the hammering out of 
implementing legislation before making a difference in the lives of 
crime victims.
  I 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, many opportunities for progress 
have been squandered. One notable exception was the passage, as part of 
the USA PATRIOT Act of 2001, of several significant amendments to the 
Victims of Crime Act that Senator Kennedy and I had proposed in an 
earlier version of the Crime Victims Assistance Act. I am glad that we 
could get those important provisions signed into law, but we still have 
more to do.
  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 an opportunity to make additional, 
significant progress this year to provide the greater voice and rights 
that crime victims deserve. It is my hope that Democrats and 
Republicans, and supporters and opponents of the proposed 
constitutional amendment, will join in advancing the Crime Victims 
Assistance Act through Congress. We can make a difference in the lives 
of crime victims right now.
  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 material was ordered to be printed in 
the Record, as follows:

                                 S. 805

       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 2003''.
       (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, discharge 
              from psychiatric facility, and executive clemency.
Sec. 107. 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. Grants to develop interdisciplinary coordinated service 
              programs for victims of crime.
Sec. 205. Grants for services to crime victims with special 
              communication needs.

         TITLE III--AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984

Sec. 301. Formula for distributions from the crime victims fund.
Sec. 302. Clarification regarding antiterrorism emergency reserve.
Sec. 303. Prohibition on diverting crime victims fund to offset 
              increased spending.

              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 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

[[Page S4904]]

       (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.''; and
       (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 
     503(e)(2) of the Victims' Rights and Restitution Act of 1990 
     (42 U.S.C. 10607(e)(2)) 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; and
       ``(D) whether time is of the essence in negotiating or 
     entering a proposed plea.''.
       (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), 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 pursuant to that 
     section.
       ``(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 unreasonably 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 amending paragraph (4) to read as follows:
       ``(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)--
       (A) by striking ``if the sentence is to be imposed for a 
     crime of violence or sexual abuse,''; and
       (B) by inserting ``written or oral'' before ``statement''; 
     and
       (2) by amending subdivision (f) to read as follows:
       ``(f) Definition.--For purposes of this rule, the term 
     `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 
     incompetent or has not reached 18 years of age; or
       ``(2) 1 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), 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.

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       (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, 
                   DISCHARGE FROM PSYCHIATRIC FACILITY, AND 
                   EXECUTIVE CLEMENCY.

       (a) In General.--Paragraph (6) of section 503(c) of the 
     Victims' Rights and Restitution Act of 1990 (42 U.S.C. 
     10607(c)), as redesignated by section 103 of this Act, is 
     amended to read as follows:
       ``(6) After trial, a responsible official shall provide a 
     victim the earliest possible notice of--
       ``(A) the scheduling of a parole hearing or a hearing on 
     modification of probation or supervised release for the 
     offender;
       ``(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;
       ``(C) the grant of executive clemency, including any 
     pardon, reprieve, commutation of sentence, or remission of 
     fine, to the offender; and
       ``(D) the death of the offender, if the offender dies while 
     in custody.''.
       (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. 107. 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, the following 
     definitions shall apply:
       (1) Compliance authority.--The term ``compliance 
     authority'' means 1 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;
       (B) 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;
       (C) a strategic plan for the year following the year 
     covered under subparagraph (A); and
       (D) 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) Duration.--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.

[[Page S4906]]

       (i) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section, to remain available until expended--
       (A) $5,000,000 for fiscal year 2004; and
       (B) such sums as may be necessary for each of the fiscal 
     years 2005 and 2006.
       (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 (42 U.S.C. 10601 et seq.) 
     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--
       ``(1) $10,000,000 for fiscal year 2004;
       ``(2) $5,000,000 for fiscal year 2005; and
       ``(3) $5,000,000 for fiscal year 2006.
       ``(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.

       (a) Purposes.--The purposes of this section are to--
       (1) hold juvenile offenders accountable for their offenses, 
     while ensuring the continuing safety of victims;
       (2) involve victims and the community in the juvenile 
     justice process;
       (3) obligate the offender to pay restitution to the victim 
     and to the community through community service or through 
     financial or other forms of restitution; and
       (4) equip juvenile offenders with the skills needed to live 
     responsibly and productively.
       (b) Authority To Make Grants.--The Office of Justice 
     Programs of the Department of Justice shall make grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to units of local governments, tribal governments, 
     and qualified private entities to establish restorative 
     justice programs, such as victim and offender mediation, 
     family and community conferences, family and group 
     conferences, sentencing circles, restorative panels, and 
     reparative boards, as an alternative to, or in addition to, 
     incarceration.
       (c) Program Criteria.--A program funded by a grant made 
     under this section shall--
       (1) be fully voluntary by both the victim and the offender 
     (who must admit responsibility), once the prosecuting agency 
     has determined that the case is appropriate for this program;
       (2) include as a critical component accountability 
     conferences, at which the victim will have the opportunity to 
     address the offender directly, to describe the impact of the 
     offense against the victim, and the opportunity to suggest 
     possible forms of restitution;
       (3) require that conferences be attended by the victim, the 
     offender and, when possible, the parents or guardians of the 
     offender, and the arresting officer; and
       (4) provide an early, individualized assessment and action 
     plan to each juvenile offender in order to prevent further 
     criminal behavior through the development of appropriate 
     skills in the juvenile offender so that the juvenile is more 
     capable of living productively and responsibly in the 
     community.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $8,000,000 for fiscal year 2004; and
       (2) $4,000,000 for each of the fiscal years 2005 and 2006.

      SEC. 204. GRANTS TO DEVELOP INTERDISCIPLINARY COORDINATED 
                   SERVICE PROGRAMS FOR VICTIMS OF CRIME.

       The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) 
     is amended by inserting after section 1404D, as added by 
     section 202 of this Act, the following:

     ``SEC. 1404E. INTERDISCIPLINARY COORDINATED SERVICE PROGRAMS.

       ``(a) In General.--The Director is authorized to award 
     grants under section 1404(c)(1)(A) to States, tribal 
     governments, local governments, and qualified public or 
     private entities, to develop and implement interdisciplinary 
     coordinated service programs for victims of crime.
       ``(b) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Interdisciplinary coordinated service program.--The 
     term `interdisciplinary coordinated service program' means a 
     case management program that coordinates the various systems 
     and programs that impact or assist victims of crime, 
     including--:
       ``(A) the criminal justice system;
       ``(B) public or private victim assistance organizations;
       ``(C) victim compensation programs;
       ``(D) public or private health care services;
       ``(E) public or private mental health services;
       ``(F) community-based victim service organizations;
       ``(G) public or private educational services, including 
     preschool, after-school care, and child care programs; and
       ``(H) other public or private sources of services or 
     assistance to victims of crime.
       ``(2) Emergency interdisciplinary coordinated service 
     program.--The term `emergency interdisciplinary coordinated 
     service program' means an interdisciplinary coordinated 
     service program that responds to a community crisis.
       ``(3) Community crisis.--The term `community crisis' means 
     a single crime or multiple related crimes that have a wide 
     impact or serious consequences on a community.
       ``(4) Lead entity.--
       ``(A) In general.--The term `lead entity' means the State, 
     tribal government, local prosecutor's office, or qualified 
     public or private entity with experience working across 
     disciplines and agencies, that leads the interdisciplinary 
     coordinated service program or emergency interdisciplinary 
     coordinated service program.
       ``(B) Responsibilities.--The lead entity is responsible for 
     distributing funds to any entities collaborating on the 
     interdisciplinary coordinated service program or emergency 
     interdisciplinary coordinated service program, as necessary.
       ``(c) Mission.--The mission of a program developed and 
     implemented with a grant under this section shall be to--
       ``(1) streamline access to services by victims of crime;
       ``(2) eliminate barriers to services for victims of crime;
       ``(3) coordinate client services across disciplines to 
     assure continuity of care, including the use of technology to 
     link service providers to each other;
       ``(4) improve how victims of crime experience the criminal 
     justice system in order to promote cooperation and trust;
       ``(5) reduce duplication of effort in outreach and 
     provision of services to victims;
       ``(6) assist crime victims in avoiding unnecessary and 
     repetitive interviewing, retelling of victimization, and 
     completion of applications; and
       ``(7) improve service delivery through client input and 
     feedback.
       ``(d) Preference.--In awarding grants under this section, 
     the Director shall give preference to lead entities that 
     collaborate with the most comprehensive coalition of entities 
     that impact or serve victims of crime.
       ``(e) Oversight--
       ``(1) Funding proposal.--The proposed distribution of 
     funding among the lead entity and any collaborating entities 
     shall be included in any grant application for funding.
       ``(2) Report.--Each lead entity that receives a grant under 
     this section shall submit to the Director, for each year in 
     which funds from a grant under this section are expended, a 
     report assessing the effectiveness of the emergency 
     interdisciplinary coordinated service program or the 
     interdisciplinary coordinated service program.
       ``(f) Review of Program Effectiveness.--
       ``(1) In general.--The Director of the National Institute 
     for Justice shall conduct an evaluation of the emergency 
     interdisciplinary coordinated service programs and the 
     interdisciplinary coordinated service programs carried out 
     under this section to determine the effectiveness and cost 
     effectiveness of the programs in carrying out the mission and 
     duties described under 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 Committees on the Judiciary 
     of the House of Representatives and the Senate, a written 
     report on the results of the evaluation required under 
     paragraph (1).
       ``(g) Duration.--The Director shall award grants under this 
     section for a period not to exceed 4 years, but may renew the 
     grant for a period not to exceed 2 years on such terms as the 
     Director may reasonably require.
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated, 
     in addition to funds made available by section 
     1402(d)(4)(C)--
       ``(A) $6,000,000 for each of the fiscal years 2004 through 
     2007 for emergency interdisciplinary service programs; and
       ``(B) $14,000,000 for each of the fiscal years 2004 through 
     2007 for interdisciplinary service programs.
       ``(2) Deadlines.--Funds appropriated for emergency 
     interdisciplinary service programs shall be made available by 
     the Director not later than 30 days after the date of the 
     community crisis and distributed not later than 120 days 
     after the date of the community crisis.
       ``(3) Transfer of unexpended funds.--All funds 
     appropriated, but not expended, for emergency 
     interdisciplinary service programs during each fiscal year 
     shall be obligated to interdisciplinary service programs for 
     distribution in the subsequent fiscal year and shall not be 
     diverted to offset increased spending.
       ``(4) Evaluation.--Funds appropriated pursuant to paragraph 
     (1) may be used to carry out the provisions under subsection 
     (f).
       ``(5) Maintenance of effort.--Funds appropriated pursuant 
     to this section shall be

[[Page S4907]]

     used to supplement, and not supplant, non-Federal funds that 
     would otherwise be available to support interdisciplinary 
     service programs and emergency interdisciplinary service 
     programs.
       ``(i) 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. 205. GRANTS FOR SERVICES TO CRIME VICTIMS WITH SPECIAL 
                   COMMUNICATION NEEDS.

       The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) 
     is amended by inserting after section 1404E, as added by 
     section 204 of this Act, the following:

     ``SEC. 1404F. SERVICES TO VICTIMS WITH SPECIAL COMMUNICATION 
                   NEEDS.

       ``(a) In General.--The Director is authorized to award 
     demonstration grants under section 1404(c)(1)(A) to States, 
     tribal governments, local governments, and qualified public 
     or private entities to support the extension of services to 
     victims with special communication needs.
       ``(b) Mission.--The mission of a demonstration grant 
     awarded under this section shall be to expand the capacity of 
     victim service providers to serve crime victims with special 
     communication needs relating to limited English proficiency, 
     hearing loss, or developmental disabilities.
       ``(c) Use of Funds.--Activities funded under a 
     demonstration grant awarded under this section may include--
       ``(1) contracting with a telephonic interpreter service to 
     offer services to a specified pool of victim service 
     providers, at no additional cost to such service providers or 
     at a discounted rate;
       ``(2) the use of local interpreters;
       ``(3) the use of bilingual or multilingual victim advocates 
     or assistants;
       ``(4) foreign language classes and cultural competency 
     training for service providers;
       ``(5) translation of materials;
       ``(6) hearing assistance devices;
       ``(7) services to help individuals with developmental 
     disabilities understand court proceedings;
       ``(8) community outreach; and
       ``(9) other means to improve accessibility of victim 
     services for crime victims with special communication needs.
       ``(d) Task Forces.--
       ``(1) In general.--To be eligible to receive a grant under 
     this section, a State, tribal government, local government, 
     or qualified public or private entity shall have established 
     a task force to study needs and alternatives for promoting 
     greater access to services for crime victims with special 
     communication needs.
       ``(2) Membership.--The task force referred to in paragraph 
     (1) shall be composed of representatives of--
       ``(A) system and non-system based victim service providers;
       ``(B) the predominant ethnic communities; and
       ``(C) individuals with severe hearing loss or developmental 
     disabilities.
       ``(3) Recommendations.--Each task force referred to in 
     paragraph (1) shall--
       ``(A) study the issues described under paragraph (1) during 
     the period of any grant awarded; and
       ``(B) make specific recommendations for expenditures by the 
     grant recipient.
       ``(e) Annual Report.--Each entity 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 containing--
       ``(1) a summary of the activities carried out under the 
     grant;
       ``(2) an assessment of the effectiveness of such activities 
     in extending services to previously unserved and underserved 
     victims of crime;
       ``(3) a strategic plan for the year following the year 
     covered under paragraph (1); and
       ``(4) such other information as the Director may require.
       ``(f) Duration.--The Director shall award demonstration 
     grants under this section for a period not to exceed 4 years, 
     but may renew the grant for a period not to exceed 2 years on 
     such terms as the Director may reasonably require.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section, 
     which shall remain available until expended--
       ``(1) $500,000 for fiscal year 2004; and
       ``(2) $5,000,000 for each of the fiscal years 2005 through 
     2007.
       ``(h) 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.''.

         TITLE III--AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984

     SEC. 301. FORMULA FOR DISTRIBUTIONS FROM THE CRIME VICTIMS 
                   FUND.

       (a) Formula for Fund Distributions.--Section 1402(c) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(c)) is amended 
     to read as follows:
       ``(c) Fund Distribution; Retention of Sums in Fund; 
     Availability for Expenditure Without Fiscal Year 
     Limitation.--
       ``(1)(A) Except as provided in subparagraphs (B) and (C), 
     the total amount to be distributed from the Fund in any 
     fiscal year shall be not less than 105 percent nor more than 
     115 percent of the total amount distributed from the Fund in 
     the previous fiscal year, provided that the amount shall at a 
     minimum be sufficient fully provide grants in accordance with 
     sections 1403(a)(1), 1404(a)(1), and 1404(c)(2).
       ``(B) In any fiscal year that there is an insufficient 
     amount in the Fund to fully provide grants in accordance with 
     subparagraph (A), the amounts made available for grants under 
     sections 1403(a), 1404(a), and 1404(c) shall be reduced by an 
     equal percentage.
       ``(C) In any fiscal year that the total amount available in 
     the Fund is more than 2 times the total amount distributed in 
     the previous fiscal year, up to 125 percent of the amount 
     distributed in the previous fiscal year may be distributed.
       ``(2) In each fiscal year, the Director shall distribute 
     amounts from the Fund in accordance with subsection (d). 
     Notwithstanding any other provision of law, all sums 
     deposited in the Fund that are not distributed shall remain 
     in reserve in the Fund for obligation in future fiscal years, 
     without fiscal year limitation.''.
       (b) Establishment of Base Amount for Total Victim 
     Assistance Grants.--Section 1404(a)(1) of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10603(a)(1)) is amended--
       (1) by inserting ``(A)'' after ``(1)''; and
       (2) by adding at the end the following:
       ``(B) Except as provided in section 1402(c)(1)(B), the 
     total amount distributed to States under this subsection in 
     any fiscal year shall not be less than the average amount 
     distributed for this purpose during the prior 3 fiscal 
     years.''.
       (c) Establishment of Base Amount for OVC Discretionary 
     Grants.--Section 1404(c)(2) of the Victims of Crime Act of 
     1984 (42 U.S.C. 10603(c)(2)) is amended by inserting after 
     ``(2)'' the following: ``Except as provided in section 
     1402(c)(1)(B), the amount available for grants under this 
     subsection in any fiscal year shall not be less than the 
     average amount available for this purpose during the prior 3 
     fiscal years.''.

     SEC. 302. CLARIFICATION REGARDING ANTITERRORISM EMERGENCY 
                   RESERVE.

       Section 1402(d)(5)(C) of the Victims of Crime Act of 1984 
     (42 U.S.C. 10601(d)(5)(C)) is amended by inserting ``, and 
     any amounts used to replenish such reserve,'' after ``any 
     such amounts carried over''.

     SEC. 303. PROHIBITION ON DIVERTING CRIME VICTIMS FUND TO 
                   OFFSET INCREASED SPENDING.

       (a) Purpose.--The purpose of this section is to ensure that 
     amounts deposited in the Crime Victims Fund (as established 
     by section 1402(a) of the Victims of Crime Act of 1984 (42 
     U.S.C. 10601(a)) are distributed in a timely manner to assist 
     victims of crime as intended by current law and are not 
     diverted to offset increased spending.
       (b) Treatment of Crime Victims Fund.--Section 1402 of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601) is amended by 
     adding at the end the following:
       ``(h) For purposes of congressional points of order, the 
     Congressional Budget Act of 1974, and the Balanced Budget and 
     Emergency Deficit Control Act of 1985, any limitation on 
     spending from the Fund included in the President's budget or 
     enacted in appropriations legislation for fiscal year 2004 or 
     any subsequent fiscal year shall not be scored as 
     discretionary savings.''.

    Crime Victims Assistance Act of 2003--Section-by-Section Summary


                                overview

       The Crime Victims Assistance Act of 2003 represents an 
     important step in Congress's continuing efforts to provide 
     assistance and afford respect to victims of crime. The bill 
     will accomplish three major goals. First, it will provide 
     enhanced rights and protections for victims of federal 
     crimes. Second, it will assist victims of State crimes 
     through grant programs designed to promote compliance with 
     State victim's rights laws. Third, it will 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.

[[Page S4908]]

       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, 
     discharge from psychiatric facility, and executive clemency. 
     Requires the government to provide the victim the earliest 
     possible notice of (1) the scheduling of a hearing on 
     modification of probation or supervised release for the 
     offender; (2) the discharge or conditional discharge from a 
     psychiatric facility of an offender who was found not guilty 
     by reason of insanity; or (3) 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. 107. 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 State 
     crime 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 will receive and investigate 
     complaints relating to the provision or violation of a crime 
     victim's rights, and issue findings following such 
     investigations. Amounts authorized are $5 million through 
     FY2004, and such sums as necessary for the next two fiscal 
     years.
       Sec. 202. Increased resources to develop state-of-the-art 
     systems for notifying crime victims of important dates and 
     developments. Authorizes grants to develop and implement 
     crime victim notification systems. Amounts authorized are $10 
     million through FY2004, and $5 million for each of the next 
     two fiscal years.
       Sec. 203. Restorative justice grants. Authorizes grants to 
     establish juvenile restorative justice programs. Eligible 
     programs shall: (1) be fully voluntary by both the victim and 
     the offender (who must admit responsibility); (2) include as 
     a critical component accountability conferences, at which the 
     victim will have the opportunity to address the offender 
     directly; (3) require that conferences be attended by the 
     victim, the offender, and when possible, the parents or 
     guardians of the offender, and the arresting officer; and (4) 
     provide an early, individualized assessment and action plan 
     to each juvenile offender. These programs may act as an 
     alternative to, or in addition to, incarceration. Amounts 
     authorized are $8 million through FY2004, and $4 million for 
     each of the next two fiscal years.
       Sec. 204. Grants to develop interdisciplinary coordinated 
     service programs for victims of crime. Authorizes grants to 
     establish or develop case management programs that can 
     coordinate the various systems and programs that impact or 
     assist victims, thereby streamlining access to services and 
     reducing ``revictimization'' within the criminal justice 
     system. Emergency interdisciplinary coordinated service 
     programs will respond to events that have serious 
     consequences on a particular community, such as terrorist 
     attacks. Amounts authorized are $6 million for each of the 
     next four fiscal years.
       Sec. 205. Grants for services to crime victims with special 
     communication needs. Authorizes demonstration grants to 
     expand the capacity of victim service providers to serve 
     victims with special communication needs, such as limited 
     English proficiency, hearing disabilities, and developmental 
     disabilities. Amounts authorized are $500,000 through FY2004, 
     and $5 million for each of the next three fiscal years.


           TITLE III--AMENDMENTS TO THE VICTIMS OF CRIME ACT

       Sec. 301. Formula for distributions from the Crime Victims 
     Fund. Replaces the annual cap on distributions from the Crime 
     Victims Fund with a formula that ensures stability in the 
     amounts distributed while preserving the amounts remaining in 
     the Fund for use in future years. In general, subject to the 
     availability of money in the Fund, the total amount to be 
     distributed in any fiscal year shall be not less than 105 
     percent nor more than 115 percent of the total amount 
     distributed in the previous fiscal year. This section also 
     establishes minimum levels of annual funding for both State 
     victim assistance grants and discretionary grants by the 
     Office for Victims of Crime.
       Sec. 302. Clarification regarding antiterrorism emergency 
     reserve. Clarifies the intent of the USA PATRIOT Act 
     regarding the restructured Antiterrorism emergency reserve, 
     which was that any amounts used to replenish the reserve 
     after the first year would be above any limitation on 
     spending from the Fund.
       Sec. 303. Prohibition on diverting crime victims fund to 
     offset increased spending. Ensures that the amounts deposited 
     in the Crime Victims Fund are distributed in a timely manner 
     to assist victims of crime as intended by current law and are 
     not diverted to offset increased spending.

  Mr. KENNEDY. Mr. President, victims of crime deserve to have their 
voices heard and be notified about important events in the criminal 
justice system relating to their cases, and they deserve enforceable 
rights under the law.
  Today, my colleagues and I are introducing the Crime Victims 
Assistance Act. It is especially appropriate that we do so this week, 
which is National Crime Victims' Rights Week. Our bill is intended to 
define the rights of victims more clearly, and establish effective 
means to implement and enforce these rights. Equally important, it does 
so without taking the unnecessary and time-consuming step of amending 
the Constitution.
  Our bill strengthens protections for victims of both violent and 
nonviolent Federal crimes, and gives them a greater voice in the 
criminal justice system. It gives victims a number of important rights, 
such as the right to be notified and consulted on detention and plea 
agreements; the right to be present and heard at trial and at 
sentencing; and the right to be notified of a scheduled hearing on a 
sentence adjustment, discharged from a psychiatric facility, or grant 
of clemency.
  The rights established by this bill will fill existing gaps in 
Federal criminal law and will be a major step toward guaranteeing that 
victims of crime receive fair treatment and are afforded the respect 
they deserve. Our bill achieves these goals in a way that does not 
interfere with the rights of the States to protect victims in ways 
appropriate to each State.
  Rather than mandating that States modify their criminal justice 
procedures in particular ways, our bill authorizes the use of Federal 
funds to establish effective programs to promote victim rights 
compliance. It increases resources for the development of state-of-the-
art systems for notifying victims of important dates and developments 
in their cases. It provides funds for the development of community-
based programs relating to those rights. It also provides funds for 
case management programs to streamline access to victims services and 
reduce ``revictimization'' by the criminal justice system, and enable 
service providers to help victims with special communication needs, 
such as limited English proficiency, hearing disabilities, and 
developmental disability.
  Finally, our bill replaces the cap on spending form the Crime Victims 
Fund, which has prevented millions of dollars of fund deposits from 
reaching victims and supporting essential services. The bill adopts a 
new approach supported by victim groups to strengthen the stability of 
the fund and protect its assets, while allowing more funds to be 
distributed for victim programs.
  We do not have to amend the Constitution to achieve these important 
goals. The Constitution is the foundation of our democracy. It reflects 
the enduring principles of our country. The Framers deliberately made 
the Constitution difficult to amend because it was never intended to be 
used for normal legislative purposes. If it is not necessary to amend 
the Constitution to achieve particular goals, it is necessary not to 
amend it. Our legislation is well-designed to establish effective and 
enforceable rights for victims of crime, and I urge my colleagues to 
support it.
                                 ______