[Congressional Record (Bound Edition), Volume 146 (2000), Part 4]
[Senate]
[Pages 5786-5793]
[From the U.S. Government Publishing Office, www.gpo.gov]


[[Page 5786]]

                          AMENDMENTS SUBMITTED

                                 ______
                                 

                      CRIME VICTIMS ASSISTANCE ACT

                                 ______
                                 

                 LEAHY (AND OTHERS) AMENDMENT NO. 3097

  (Referred to the Committee on Foreign Relations.)
  Mr. LEAHY (for himself, Mr. Kennedy, Mr. Sarbanes, Mr. Kerry, Mr. 
Harkin, Mrs. Murray, Mr. Feingold, and Mr. Robb) submitted an amendment 
intended to be proposed by them to the bill (S. 934) to enhance rights 
and protections for victims of crime; as follows:

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

     SECTION. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Crime 
     Victims Assistance Act of 2000''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                         TITLE I--VICTIM RIGHTS

Sec. 101. Right to notice and to be heard concerning detention.
Sec. 102. Right to a speedy trial.
Sec. 103. Right to notice and to be heard concerning plea.
Sec. 104. Enhanced participatory rights at trial.
Sec. 105. Right to notice and to be heard concerning sentence.
Sec. 106. Right to notice and to be heard concerning sentence 
              adjustment.
Sec. 107. Right to notice of release or escape.
Sec. 108. Right to notice and to be heard concerning Executive 
              clemency.
Sec. 109. Remedies for noncompliance.

                TITLE II--VICTIM ASSISTANCE INITIATIVES

Sec. 201. Pilot programs to establish ombudsman programs for crime 
              victims.
Sec. 202. Amendments to Victims of Crime Act of 1984.
Sec. 203. Increased training for law enforcement officers and court 
              personnel to respond to the needs of crime victims.
Sec. 204. Increased resources to develop state-of-the-art systems for 
              notifying crime victims of important dates and 
              developments.
Sec. 205. Pilot program to study effectiveness of restorative justice 
              approach on behalf of victims of crime.
Sec. 206. Compensation and assistance to victims of terrorist acts, 
              mass violence, or international terrorism.

                         TITLE I--VICTIM RIGHTS

     SEC. 101. RIGHT TO NOTICE AND TO BE HEARD CONCERNING 
                   DETENTION.

       Section 3142 of title 18, United States Code, is amended--
       (1) in subsection (g)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) the views of the victim; and''; and
       (2) by adding at the end the following:
       ``(k) Notice and Right To Be Heard.--
       ``(1) In general.--Subject to paragraph (2), with respect 
     to each hearing under subsection (f)--
       ``(A) before the hearing, the Government shall make 
     reasonable efforts to notify the victim of--
       ``(i) the date and time of the hearing; and
       ``(ii) the right of the victim to be heard on the issue of 
     detention; and
       ``(B) at the hearing, the court shall inquire of the 
     Government whether the victim wishes to be heard on the issue 
     of detention and, if so, shall afford the victim such an 
     opportunity.
       ``(2) Exceptions.--The requirements of paragraph (1) shall 
     not apply to any case in which the Government or the court 
     reasonably believes--
       ``(A) available evidence raises a significant expectation 
     of physical violence or other retaliation by the victim 
     against the defendant; or
       ``(B) identification of the defendant by the victim is a 
     fact in dispute, and no means of verification has been 
     attempted.''.
       (c) Victim Defined.--Section 3156(a) of title 18, United 
     States Code, is amended--
       (1) in paragraph (4), by striking ``and'' at the end;
       (2) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(6) the term `victim'--
       ``(A) means an individual harmed as a result of a 
     commission of an offense involving death or bodily injury to 
     any person, a threat of death or bodily injury to any person, 
     a sexual assault, or an attempted sexual assault; and
       ``(B) includes--
       ``(i) in the case of a victim who is less than 18 years of 
     age or incompetent, the parent or legal guardian of the 
     victim;
       ``(ii) in the case of a victim who is deceased or 
     incapacitated, 1 or more family members designated by the 
     court; and
       ``(iii) any other person appointed by the court to 
     represent the victim.''.

     SEC. 102. RIGHT TO A SPEEDY TRIAL.

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

     SEC. 103. RIGHT TO NOTICE AND TO BE HEARD CONCERNING PLEA.

       (a) In General.--Rule 11 of the Federal Rules of Criminal 
     Procedure is amended--
       (1) by redesignating subdivision (h) as subdivision (i); 
     and
       (2) by inserting after subdivision (g) the following:
       ``(h) Rights of Victims.--
       ``(1) Victim defined.--In this subdivision, the term 
     `victim' means an individual harmed as a result of a 
     commission of an offense involving death or bodily injury to 
     any person, a threat of death or bodily injury to any person, 
     a sexual assault, or an attempted sexual assault, and also 
     includes--
       ``(A) in the case of a victim who is less than 18 years of 
     age or incompetent, the parent or legal guardian of the 
     victim;
       ``(B) in the case of a victim who is deceased or 
     incapacitated, 1 or more family members designated by the 
     court; and
       ``(C) any other person appointed by the court to represent 
     the victim.
       ``(2) Notice.--The Government, before a proceeding at which 
     a plea of guilty or nolo contendere is entered, shall make 
     reasonable efforts to notify the victim of--
       ``(A) the date and time of the proceeding;
       ``(B) the elements of the proposed plea or plea agreement;
       ``(C) the right of the victim to attend the proceeding; and
       ``(D) the right of the victim to address the court 
     personally, through counsel, or in writing on the issue of 
     the proposed plea or plea agreement.
       ``(3) Opportunity to be heard.--The court, before accepting 
     a plea of guilty or nolo contendere, shall afford the victim 
     an opportunity to be heard, personally, through counsel, or 
     in writing, on the proposed plea or plea agreement.
       ``(4) Exceptions.--Notwithstanding any other provision of 
     this subdivision--
       ``(A) in any case in which a victim is a defendant in the 
     same or a related case, or in which the Government certifies 
     to the court under seal that affording such victim any right 
     provided under this rule will jeopardize an ongoing 
     investigation, the victim shall not have such right;
       ``(B) a victim who, at the time of a proceeding at which a 
     plea of guilty or nolo contendere is entered, is incarcerated 
     in any Federal, State, or local correctional or detention 
     facility, shall not have the right to appear in person, but, 
     subject to subparagraph (A), shall be afforded a reasonable 
     opportunity to present views or participate by alternate 
     means; and
       ``(C) in any case involving more than 15 victims, the 
     court, after consultation with the Government and the 
     victims, may appoint a number of victims to represent the 
     interests of the victims, except that all victims shall 
     retain the right to submit a written statement under 
     paragraph (2).''.
       (b) Effective Date.--
       (1) In general.--The amendments made by subsection (a) 
     shall become effective as provided in paragraph (3).
       (2) Action by judicial conference.--
       (A) Recommendations.--Not later than 180 days after the 
     date of enactment of this Act, the Judicial Conference of the 
     United States shall submit to Congress a report containing 
     recommendations for amending the Federal Rules of Criminal 
     Procedure to provide enhanced opportunities for victims to be 
     heard on the issue of whether or not the court should accept 
     a plea of guilty or nolo contendere.
       (B) Inapplicability of other law.--Chapter 131 of title 28, 
     United States Code, does not apply to any recommendation made 
     by the Judicial Conference of the United States under this 
     paragraph.
       (3) Congressional action.--Except as otherwise provided by 
     law, if the Judicial Conference of the United States--
       (A) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are the same as the amendments made by 
     subsection (a), then the amendments made by subsection (a) 
     shall become effective 30 days after the date on which the 
     recommendations are submitted to Congress under paragraph 
     (2);
       (B) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are different in any respect from the 
     amendments made by subsection (a), the recommendations made 
     pursuant to paragraph (2) shall become effective 180 days

[[Page 5787]]

     after the date on which the recommendations are submitted to 
     Congress under paragraph (2), unless an Act of Congress is 
     passed overturning the recommendations; and
       (C) fails to comply with paragraph (2), the amendments made 
     by subsection (a) shall become effective 360 days after the 
     date of enactment of this Act.
       (4) Application.--Any amendment made pursuant to this 
     section (including any amendment made pursuant to the 
     recommendations of the Judicial Conference of the United 
     States under paragraph (2)) shall apply in any proceeding 
     commenced on or after the effective date of the amendment.

     SEC. 104. ENHANCED PARTICIPATORY RIGHTS AT TRIAL.

       (a) Amendment to Victim Rights Clarification Act.--Section 
     3510 of title 18, United States Code, is amended by adding at 
     the end the following:
       ``(d) Application to Televised Proceedings.--This section 
     applies to any victim viewing proceedings pursuant to section 
     235 of the Antiterrorism and Effective Death Penalty Act of 
     1996 (42 U.S.C. 10608), or any rule issued thereunder.''.
       (b) Amendment to Victims' Rights and Restitution Act of 
     1990.--Section 502(b) of the Victims' Rights and Restitution 
     Act of 1990 (42 U.S.C. 10606(b)) is amended--
       (1) by striking paragraph (4) and inserting the following:
       ``(4) The right to be present at all public court 
     proceedings related to the offense, unless the court 
     determines that testimony by the victim at trial would be 
     materially affected if the victim heard the testimony of 
     other witnesses.''; and
       (2) in paragraph (5), by striking ``attorney'' and 
     inserting ``the attorney''.

     SEC. 105. RIGHT TO NOTICE AND TO BE HEARD CONCERNING 
                   SENTENCE.

       (a) Enhanced Notice and Consideration of Victims' Views.--
       (1) Imposition of sentence.--Section 3553(a) of title 18, 
     United States Code, is amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) by redesignating paragraph (7) as paragraph (8); and
       (C) by inserting after paragraph (6) the following:
       ``(7) the views of any victims of the offense, if such 
     views are presented to the court; and''.
       (2) Issuance and enforcement of order of restitution.--
     Section 3664(d)(2)(A) of title 18, United States Code is 
     amended--
       (A) by redesignating clauses (v) and (vi) as clauses (vii) 
     and (viii) respectively; and
       (B) by inserting after clause (iv) the following:
       ``(v) the opportunity of the victim to attend the 
     sentencing hearing;
       ``(vi) the opportunity of the victim, personally or through 
     counsel, to make a statement or present any information to 
     the court in relation to the sentence;''.
       (b) Enhanced Participatory Rights.--Rule 32 of the Federal 
     Rules of Criminal Procedure is amended--
       (1) in subdivision (b)--
       (A) by redesignating paragraphs (4), (5), and (6) as 
     paragraphs (5), (6), and (7), respectively;
       (B) by inserting after paragraph (3) the following:
       ``(4) Notice to victim.--The probation officer must, before 
     submitting the presentence report, provide notice to the 
     victim as provided by section 3664(d)(2)(A) of title 18, 
     United States Code.''; and
       (C) in paragraph (5), as redesignated--
       (i) by redesignating subparagraphs (E) through (H) as 
     subparagraphs (F) through (I), respectively; and
       (ii) by inserting after subparagraph (D) the following:
       ``(E) any victim impact statement submitted by a victim to 
     the probation officer;'';
       (2) in subdivision (c)(3), by striking subparagraph (E) and 
     inserting the following:
       ``(E) afford the victim, personally or through counsel, an 
     opportunity to make a statement or present any information in 
     relation to the sentence, including information concerning 
     the extent and scope of the victim's injury or loss, and the 
     impact of the offense on the victim or the family of the 
     victim, except that the court may reasonably limit the number 
     of victims permitted to address the court if the number is so 
     large that affording each victim such right would result in 
     cumulative victim impact information or would unreasonably 
     prolong the sentencing process.''; and
       (3) in subdivision (f)(1)--
       (A) by striking ``the right of allocution under subdivision 
     (c)(3)(E)'' and inserting ``the notice and participatory 
     rights under subdivisions (b)(4) and (c)(3)(E)''; and
       (B) by striking ``if such person or persons are present at 
     the sentencing hearing, regardless of whether the victim is 
     present;''.
       (c) Effective Date.--
       (1) In general.--The amendments made by subsection (b) 
     shall become effective as provided in paragraph (3).
       (2) Action by judicial conference.--
       (A) Recommendations.--Not later than 180 days after the 
     date of enactment of this Act, the Judicial Conference of the 
     United States shall submit to Congress a report containing 
     recommendations for amending the Federal Rules of Criminal 
     Procedure to provide enhanced opportunities for victims to 
     participate during the presentencing and sentencing phase of 
     the criminal process.
       (B) Inapplicability of other law.--Chapter 131 of title 28, 
     United States Code, does not apply to any recommendation made 
     by the Judicial Conference of the United States under this 
     paragraph.
       (3) Congressional action.--Except as otherwise provided by 
     law, if the Judicial Conference of the United States--
       (A) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are the same as the amendments made by 
     subsection (b), then the amendments made by subsection (b) 
     shall become effective 30 days after the date on which the 
     recommendations are submitted to Congress under paragraph 
     (2);
       (B) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are different in any respect from the 
     amendments made by subsection (b), the recommendations made 
     pursuant to paragraph (2) shall become effective 180 days 
     after the date on which the recommendations are submitted to 
     Congress under paragraph (2), unless an Act of Congress is 
     passed overturning the recommendations; and
       (C) fails to comply with paragraph (2), the amendments made 
     by subsection (b) shall become effective 360 days after the 
     date of enactment of this Act.
       (4) Application.--Any amendment made pursuant to this 
     section (including any amendment made pursuant to the 
     recommendations of the Judicial Conference of the United 
     States under paragraph (2)) shall apply in any proceeding 
     commenced on or after the effective date of the amendment.

     SEC. 106. RIGHT TO NOTICE AND TO BE HEARD CONCERNING SENTENCE 
                   ADJUSTMENT.

       (a) In General.--Rule 32.1(a) of the Federal Rules of 
     Criminal Procedure is amended by adding at the end the 
     following:
       ``(3) Notice to victim.--At any hearing pursuant to 
     paragraph (2) involving 1 or more persons who have been 
     convicted of an offense involving death or bodily injury to 
     any person, a threat of death or bodily injury to any person, 
     a sexual assault, or an attempted sexual assault, the 
     Government shall make reasonable efforts to notify the victim 
     of the offense (and the victim of any new charges giving rise 
     to the hearing), of--
       ``(A) the date and time of the hearing; and
       ``(B) the right of the victim to attend the hearing and to 
     address the court regarding whether the terms or conditions 
     of probation or supervised release should be modified.''.
       (b) Effective Date.--
       (1) In general.--The amendment made by subsection (a) shall 
     become effective as provided in paragraph (3).
       (2) Action by judicial conference.--
       (A) Recommendations.--Not later than 180 days after the 
     date of enactment of this Act, the Judicial Conference of the 
     United States shall submit to Congress a report containing 
     recommendations for amending the Federal Rules of Criminal 
     Procedure to ensure that reasonable efforts are made to 
     notify victims of violent offenses of any revocation hearing 
     held pursuant to Rule 32.1(a)(2), and to afford such victims 
     an opportunity to participate.
       (B) Inapplicability of other law.--Chapter 131 of title 28, 
     United States Code, does not apply to any recommendation made 
     by the Judicial Conference of the United States under this 
     paragraph.
       (3) Congressional action.--Except as otherwise provided by 
     law, if the Judicial Conference of the United States--
       (A) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are the same as the amendment made by 
     subsection (a), then the amendment made by subsection (a) 
     shall become effective 30 days after the date on which the 
     recommendations are submitted to Congress under paragraph 
     (2);
       (B) submits a report in accordance with paragraph (2) 
     containing recommendations described in that paragraph, and 
     those recommendations are different in any respect from the 
     amendment made by subsection (a), the recommendations made 
     pursuant to paragraph (2) shall become effective 180 days 
     after the date on which the recommendations are submitted to 
     Congress under paragraph (2), unless an Act of Congress is 
     passed overturning the recommendations; and
       (C) fails to comply with paragraph (2), the amendment made 
     by subsection (a) shall become effective 360 days after the 
     date of enactment of this Act.
       (4) Application.--Any amendment made pursuant to this 
     section (including any amendment made pursuant to the 
     recommendations of the Judicial Conference of the United 
     States under paragraph (2)) shall apply in any proceeding 
     commenced on or after the effective date of the amendment.

     SEC. 107. RIGHT TO NOTICE OF RELEASE OR ESCAPE.

       (a) In General.--Subchapter C of chapter 229 of title 18, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 3627. Notice to victims of release or escape of 
       defendants

       ``(a) In General.--The Bureau of Prisons shall ensure that 
     reasonable notice is provided to each victim of an offense 
     for which

[[Page 5788]]

     a person is in custody pursuant to this subchapter--
       ``(1) not less than 30 days before the release of such 
     person under section 3624, assignment of such person to pre-
     release custody under section 3624(c), or transfer of such 
     person under section 3623;
       ``(2) not less than 10 days before the temporary release of 
     such person under section 3622;
       ``(3) not later than 12 hours after discovery that such 
     person has escaped;
       ``(4) not later than 12 hours after the return to custody 
     of such person after an escape; and
       ``(5) at such other times as may be reasonable before any 
     other form of release of such person as may occur.
       ``(b) Applicability.--This section applies to any escape, 
     work release, furlough, or any other form of release from a 
     psychiatric institution or other facility that provides 
     mental or other health services to persons in the custody of 
     the Bureau of Prisons.
       ``(c) Victim Contact Information.--It shall be the 
     responsibility of a victim to notify the Bureau of Prisons, 
     by means of a form to be provided by the Attorney General, of 
     any change in the mailing address of the victim, or other 
     means of contacting the victim, while the defendant is in the 
     custody of the Bureau of Prisons. The Bureau of Prisons shall 
     ensure the confidentiality of any information relating to a 
     victim.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     subchapter C of chapter 229 of title 18, United States Code, 
     is amended by adding at the end the following:

``3627. Notice to victims of release or escape of defendants.''.

     SEC. 108. RIGHT TO NOTICE AND TO BE HEARD CONCERNING 
                   EXECUTIVE CLEMENCY.

       (a) Notification.--Subchapter C of chapter 229 of title 18, 
     United States Code, is amended by adding after section 3627, 
     as added by section 107, the following:

     ``Sec. 3628. Notice to victims concerning grant of executive 
       clemency

       ``(a) Definitions.--In this section--
       ``(1) the term `executive clemency'--
       ``(A) means any exercise by the President of the power to 
     grant reprieves and pardons under clause 1 of section 2 of 
     article II of the Constitution of the United States; and
       ``(B) includes any pardon, reprieve, commutation of 
     sentence, or remission of fine; and
       ``(2) the term `victim' has the same meaning given that 
     term in section 503(e) of the Victims' Rights and Restitution 
     Act of 1990 (42 U.S.C. 10607(e)).
       ``(b) Notice of Grant of Executive Clemency.--
       ``(1) If a petition for executive clemency is granted, the 
     Attorney General shall make reasonable efforts to notify any 
     victim of any offense that is the subject of the grant of 
     executive clemency that such grant has been made as soon as 
     practicable after that grant is made.
       ``(2) If a grant of executive clemency will result in the 
     release of any person from custody, notice under paragraph 
     (1) shall be prior to that release from custody, if 
     practicable.''.
       (b) Technical and Conforming Amendment.--The analysis for 
     subchapter C of chapter 229 of title 18, United States Code, 
     is amended by adding at the end the following:

``3628. Notice to victims concerning grant of executive clemency.''.
       (c) Reporting Requirements.--The Attorney General shall 
     submit biannually to the Committees on the Judiciary of the 
     House of Representatives and the Senate a report on executive 
     clemency matters or cases delegated for review or 
     investigation to the Attorney General by the President, 
     including for each year--
       (1) the number of petitions so delegated;
       (2) the number of reports submitted to the President;
       (3) the number of petitions for executive clemency granted 
     and the number denied;
       (4) the name of each person whose petition for executive 
     clemency was granted or denied and the offenses of conviction 
     of that person for which executive clemency was granted or 
     denied; and
       (5) with respect to any person granted executive clemency, 
     the date that any victim of an offense that was the subject 
     of that grant of executive clemency was notified, pursuant to 
     Department of Justice regulations, of a petition for 
     executive clemency, and whether such victim submitted a 
     statement concerning the petition.
       (d) Sense of the Senate Concerning the Right of Victims to 
     Notice and to be Heard Concerning Executive Clemency.--It is 
     the Sense of the Senate that--
       (1) victims of a crime should be notified about any 
     petition for executive clemency filed by the perpetrators of 
     that crime and provided an opportunity to submit a statement 
     concerning the petition to the President; and
       (2) the Attorney General should promulgate regulations or 
     internal guidelines to ensure that such notification and 
     opportunity to submit a statement are provided.

     SEC. 109. REMEDIES FOR NONCOMPLIANCE.

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

                TITLE II--VICTIM ASSISTANCE INITIATIVES

     SEC. 201. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN PROGRAMS FOR 
                   CRIME VICTIMS.

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

[[Page 5789]]

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

     SEC. 202. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.

       (a) Crime Victims Fund.--Section 1402 of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10601) is amended--
       (1) in subsection (b)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(5) any gifts, bequests, or donations from private 
     entities or individuals.''; and
       (2) in subsection (d)--
       (A) in paragraph (4)--
       (i) in subparagraph (A), by striking ``48.5'' and inserting 
     ``47.5'';
       (ii) in subparagraph (B), by striking ``48.5'' and 
     inserting ``47.5''; and
       (iii) in subparagraph (C), by striking ``3'' and inserting 
     ``5'';
       (B) in paragraph (5), by adding at the end the following:
       ``(C) Any State that receives supplemental funding to 
     respond to incidents or terrorism or mass violence under this 
     section shall be required to return to the Crime Victims Fund 
     for deposit in the reserve fund, amounts subrogated to the 
     State as a result of third-party payments to victims.''.
       (b) Crime Victim Compensation.--Section 1403 of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10602) is amended--
       (1) in subsection (a)--
       (A) in each of paragraphs (1) and (2), by striking ``40'' 
     and inserting ``60''; and
       (B) in paragraph (3)--
       (i) by striking ``5'' and inserting ``10''; and
       (ii) by inserting ``and evaluation'' after 
     ``administration''; and
       (2) in subsection (b)--
       (A) in paragraph (7), by inserting ``because the identity 
     of the offender was not determined beyond a reasonable doubt 
     in a criminal trial, because criminal charges were not 
     brought against the offender, or'' after ``deny compensation 
     to any victim'';
       (B) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10); and
       (C) by inserting after paragraph (7) the following:
       ``(8) such program does not discriminate against victims 
     because they oppose the death penalty or disagree with the 
     way the State is prosecuting the criminal case.''.
       (c) Crime Victim Assistance.--Section 1404 of the Victims 
     of Crime Act of 1984 (42 U.S.C. 10603) is amended--
       (1) in subsection (b)(3), by striking ``5'' and inserting 
     ``10'';
       (2) in subsection (c)--
       (A) in paragraph (1)--
       (i) by inserting ``or enter into cooperative agreements'' 
     after ``make grants'';
       (ii) by striking subparagraph (A) and inserting the 
     following:
       ``(A) for demonstration projects, evaluation, training, and 
     technical assistance services to eligible organizations;'';
       (iii) in subparagraph (B), by striking the period at the 
     end and inserting ``; and''; and
       (iv) by adding at the end the following:
       ``(C) training and technical assistance that address the 
     significance of and effective delivery strategies for 
     providing long-term psychological care.''; and
       (B) in paragraph (3)--
       (i) in subparagraph (C), by striking ``and'' at the end;
       (ii) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(E) use funds made available to the Director under this 
     subsection--
       ``(i) for fellowships and clinical internships; and
       ``(ii) to carry out programs of training and special 
     workshops for the presentation and dissemination of 
     information resulting from demonstrations, surveys, and 
     special projects.''; and
       (3) in subsection (d)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) the term `State' includes--
       ``(A) the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, and any other 
     territory or possession of the United States; and
       ``(B) for purposes of a subgrant under subsection (a)(1) or 
     a grant or cooperative agreement under subsection (c)(1), the 
     United States Virgin Islands and any agency of the Government 
     of the District of Columbia or the Federal Government 
     performing law enforcement functions in and on behalf of the 
     District of Columbia.'';
       (B) in paragraph (2)--
       (i) in subparagraph (C), by striking ``and'' at the end; 
     and
       (ii) by adding at the end the following:
       ``(E) public awareness and education and crime prevention 
     activities that promote, and are conducted in conjunction 
     with, the provision of victim assistance; and
       ``(F) for purposes of an award under subsection (c)(1)(A), 
     preparation, publication, and distribution of informational 
     materials and resources for victims of crime and crime 
     victims organizations.'';
       (C) by striking paragraph (4) and inserting the following:
       ``(4) the term `crisis intervention services' means 
     counseling and emotional support including mental health 
     counseling, provided as a result of crisis situations for 
     individuals, couples, or family members following and related 
     to the occurrence of crime;'';
       (D) in paragraph (5), by striking the period at the end and 
     inserting ``; and''; and
       (E) by adding at the end the following:
       ``(6) for purposes of an award under subsection (c)(1), the 
     term `eligible organization' includes any--
       ``(A) national or State organization with a commitment to 
     developing, implementing, evaluating, or enforcing victims' 
     rights and the delivery of services;
       ``(B) State agency or unit of local government;
       ``(C) State court;
       ``(D) tribal organization;
       ``(E) organization--
       ``(i) described in section 501(c) of the Internal Revenue 
     Code of 1986; and
       ``(ii) exempt from taxation under section 501(a) of such 
     Code; or
       ``(F) other entity that the Director determines to be 
     appropriate.''.

     SEC. 203. INCREASED TRAINING FOR LAW ENFORCEMENT OFFICERS AND 
                   COURT PERSONNEL TO RESPOND TO THE NEEDS OF 
                   CRIME VICTIMS.

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

[[Page 5790]]



     SEC. 204. INCREASED RESOURCES TO DEVELOP STATE-OF-THE-ART 
                   SYSTEMS FOR NOTIFYING CRIME VICTIMS OF 
                   IMPORTANT DATES AND DEVELOPMENTS.

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

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

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

     SEC. 205. PILOT PROGRAM TO STUDY EFFECTIVENESS OF RESTORATIVE 
                   JUSTICE APPROACH ON BEHALF OF VICTIMS OF CRIME.

       (a) In General.--Notwithstanding any other provision of 
     law, amounts collected pursuant to sections 3729 through 3731 
     of title 31, United States Code (commonly known as the 
     ``False Claims Act'') and amounts available in the Crime 
     Victims Fund (42 U.S.C. 10601 et seq.), may be used by the 
     Office for Victims of Crime to make grants to States, State 
     courts, units of local government, and qualified private 
     entities for the establishment of pilot programs that 
     implement balanced and restorative justice models.
       (b) Definition of Balanced and Restorative Justice Model.--
     In this section, the term ``balanced and restorative justice 
     model'' means an approach to criminal justice that promotes 
     the maximum degree of involvement by a victim, offender, and 
     the community served by a criminal justice system by allowing 
     the criminal justice system and related criminal justice 
     agencies to improve the capacity of the system and agencies 
     to--
       (1) protect the community served by the system and 
     agencies; and
       (2) ensure accountability of the offender and the system.

     SEC. 206. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORIST 
                   ACTS, MASS VIOLENCE, OR INTERNATIONAL 
                   TERRORISM.

       (a) In General.--Section 1404B of the Victims of Crime Act 
     of 1984 (42 U.S.C. 10603b) is amended to read as follows:

     ``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF 
                   TERRORIST ACTS OR MASS VIOLENCE.

       ``(a) In General.--The Director may make supplemental 
     grants as provided in section 1402(d)(5)--
       ``(1) to States, which shall be used for eligible crime 
     victim compensation and assistance programs for the benefit 
     of victims; and
       ``(2) to victim service organizations and to agencies 
     (including Federal, State, and local governments and foreign 
     governments) and organizations that provide emergency or 
     ongoing assistance to victims of crime, which shall be used 
     to provide, for the benefit of victims--
       ``(A) emergency relief (including assistance and crisis 
     response) and other related victim services;
       ``(B) emergency response training and technical assistance; 
     and
       ``(C) ongoing assistance including during any investigation 
     and prosecution.
       ``(b) Victim Defined.--
       ``(1) In general.--In this section, the term `victim' means 
     a person who has suffered direct physical or emotional injury 
     or death as a result of a terrorist act or mass violence 
     occurring on or after December 21, 1988.
       ``(2) Incompetent, incapacitated, or deceased victims.--In 
     the case of a victim who is less than 18 years of age, 
     incompetent, incapacitated, or deceased, a family member or 
     legal guardian of the victim may receive the compensation or 
     assistance under this section on behalf of the victim.
       ``(3) Exception.--Notwithstanding any other provision of 
     this section, in no event shall an individual who is 
     criminally culpable for the terrorist act or mass violence 
     receive any compensation or assistance under this section, 
     either directly or on behalf of a victim.
       ``(c) Rule of Construction.--Nothing in this section may be 
     construed to supplant any compensation available under title 
     VIII of the Omnibus Diplomatic Security and Antiterrorism Act 
     of 1986.''.
       (b) Increase Cap on Emergency Reserve Fund and Allow for 
     Transfer of Unobligated Funds to the Emergency Reserve 
     Fund.--
       (1) Cap increase.--Section 1402(d)(5)(A) of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10601(d)(5)(A)) is amended by 
     striking ``$50,000,000'' and inserting ``$100,000,000''.
       (2) Transfer.--Section 1402(e) of the Victims of Crime Act 
     of 1984 (42 U.S.C 10601(e)) is amended by striking ``in 
     excess of $500,000'' and all that follows through ``than 
     $500,000'' and inserting ``shall be available for deposit 
     into the emergency reserve fund referred to in subsection 
     (d)(5) at the discretion of the Director. Any remaining 
     unobligated sums''.
       (c) Compensation to Victims of International Terrorism.--
       (1) In general.--The Victims of Crime Act of 1984 (42 
     U.S.C. 10601 et seq.) is amended by inserting after section 
     1404B the following:

     ``SEC. 1404C. COMPENSATION TO VICTIMS OF INTERNATIONAL 
                   TERRORISM.

       ``(a) Findings.--Congress makes the following findings:
       ``(1) Nationals of the United States and officers and 
     employees of the Federal Government may suffer physical and 
     emotional injury or death as a result of international 
     terrorism.
       ``(2) The United States has an obligation to assist 
     nationals of the United States if, through no fault of their 
     own, they are targeted by terrorists as symbols of the United 
     States.
       ``(3) Officers and employees of the United States who are 
     not nationals of the United States may serve as a surrogate 
     for the United States and may be targeted by international 
     terrorists. Depending upon the nature of the duties of such 
     an officer or employee, and the location of service of that 
     officer or employee, the officer or employee may be placed in 
     circumstances of greater vulnerability than other individuals 
     who are not nationals of the United States.
       ``(4) Even if international terrorism is not directed 
     clearly or exclusively at the United States, the status of an 
     individual as a national of the United States or as an 
     officer or employee of the Federal Government may contribute 
     to some extent to the targeting of that individual by 
     terrorists.
       ``(5) To provide fair compensation to these victims of 
     international terrorism, Congress should assist these victims 
     with the typical expenses of victimization and the 
     extraordinary expenses associated with victimization abroad.
       ``(b) Definitions.--In this section:
       ``(1) International terrorism.--The term `international 
     terrorism' has the meaning given the term in section 2331 of 
     title 18, United States Code.
       ``(2) National of the united states.--The term `national of 
     the United States' has the meaning given the term in section 
     101(a) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)).
       ``(3) Victim.--
       ``(A) In general.--The term `victim' means a person who--
       ``(i) suffered direct physical or emotional injury or death 
     as a result of international terrorism occurring on or after 
     December 21, 1988; and
       ``(ii) as of the date on which the international terrorism 
     occurred, was a national of the United States or an officer 
     or employee of the Federal Government.
       ``(B) Incompetent, incapacitated, or deceased victims.--In 
     the case of a victim who is less than 18 years of age, 
     incompetent, incapacitated, or deceased, a family member or 
     legal guardian of the victim may receive the assistance under 
     this section on behalf of the victim.
       ``(C) Exception.--Notwithstanding any other provision of 
     this section, in no event shall an individual who is 
     criminally culpable for the terrorist act or mass violence 
     receive any assistance under this section, either directly or 
     on behalf of a victim.
       ``(c) Award of Compensation.--The Director may carry out a 
     program as provided in section 1402(d)(5)(B) to provide 
     assistance to victims of international terrorism to 
     compensate them for expenses associated with that 
     victimization.
       ``(d) Annual Report.--The Director shall annually submit to 
     Congress a report on the status and activities of the program 
     under this section, which report shall include--
       ``(1) an explanation of the procedures for filing and 
     processing of applications for assistance;
       ``(2) a description of the procedures and policies 
     instituted to promote public awareness about the program;
       ``(3) a complete statistical analysis of the victims 
     assisted under the program, including--
       ``(A) the number of applications for assistance submitted;

[[Page 5791]]

       ``(B) the number of applications approved and the amount of 
     each award;
       ``(C) the number of applications denied and the reasons for 
     the denial;
       ``(D) the average length of time to process an application 
     for assistance; and
       ``(E) the number of applications for assistance pending and 
     the estimated future liability of the program; and
       ``(4) an analysis of future program needs and suggested 
     program improvements.''.
       (2) Conforming amendment.--Section 1402(d)(5)(B) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(5)(B)) is 
     amended by inserting ``, to provide assistance to victims of 
     international terrorism under the program under section 
     1404C,'' after ``section 1404B''.

  Mr. LEAHY. Mr. President, this week marks the 20th anniversary of our 
observance of National Crime Victims' Rights Week. This is a week that 
we set aside each year to honor and commemorate the victims of crime 
and those who serve them. It is appropriate to take this time to 
discuss the unmet needs of victims in our Nation's criminal justice 
system.
  Tremendous strides have been made in these past 20 years toward 
ensuring better and more comprehensive rights and services for victims 
of crime. Today, there are over 30,000 laws nationwide that define and 
protect victims' rights, as well as over 10,000 national, State, and 
local organizations that provide assistance to people who have been 
hurt by crime. This is substantial progress, but there is still more to 
be done.
  My involvement with crime victims' rights began more than three 
decades ago when I served as State's Attorney for Chittenden County, 
Vermont, and witnessed first-hand the devastation of crime. I have 
worked ever since to ensure that the criminal justice system is one 
that respects the rights and dignity of victims of crime and domestic 
violence, rather than one that presents additional ordeals for those 
already victimized.
  I am proud that Congress has been a significant part of the solution 
to provide victims with greater rights and assistance. During the last 
two decades, Congress has passed several bills to this end. These bills 
have included:
  The Victims and Witness Protection Act of 1982;
  The Victims of Crime Act of 1984;
  The Victims' Rights and Restitution Act of 1990;
  The Violence Against Women Act of 1994;
  The Mandatory Victims' Restitution Act of 1996;
  The Justice for Victims of Terrorism Act of 1996;
  The Victim Rights Clarification Act of 1997;
  The Crime Victims with Disabilities Awareness Act of 1998; and
  The Torture Victims Relief Act of 1998.
  It is because of my continuing commitment to protecting the rights of 
victims that I joined with Senator Kennedy to introduce the Crime 
Victims Assistance Act, S. 934, and its predecessor in the 105th 
Congress. This legislation offers full-scale reform of Federal rules 
and Federal law to establish stronger rights and protections for 
victims of Federal crime. This legislation further proposes to assist 
victims of State crime through the infusion of additional resources to 
make the criminal justice system more supporting of crime victims. In 
addition, this legislation would improve the capacity of the Office for 
Victims of Crime to provide more immediate and effective assistance to 
Americans who are victims of terrorism abroad.
  The Crime Victims Assistance Act would improve the lot of victims 
throughout the country. Unfortunately, it appears that in this 
Congress, as in the last, we will not take the simple and important 
step of enacting this legislation. Instead, the Judiciary Committee has 
focused on proposals to amend the United States Constitution. Such 
action is ill-advised and a constitutional amendment is unnecessary. I 
regret that for the last several years the pace of crime victim 
legislation has slowed dramatically. I have grave reservations about 
proceeding first to amend the Constitution and only then to design and 
enact the legislation that could help crime victims. To help victims we 
must act on legislation like the Crime Victims Assistance Act and we 
should be doing so without further delay.
  While the Crime Victims Assistance Act is central to a package of 
victim assistance legislation, it does not stand alone. There is so 
much that we could be doing to help victims, none of which requires an 
amendment to the Constitution. If we truly want to help victims we 
should, for example, re-authorize the Violence Against Women Act. A 
bill to reauthorize those programs has been pending without action for 
too long. It contains over $3.7 billion dollars in funding over five 
years, funding that primarily goes to State and local programs that 
desperately need assistance.
  Just yesterday, the Office of Justice Programs announced that Women 
Helping Battered Women in Burlington, Vermont, will be receiving 
$249,043 under the Rural Domestic Violence and Child Victimization 
Enforcement Program--a VAWA program that I initiated. Earlier this 
month, the Vermont Center for Crime Victim Services received an award 
of $799,534 under the same program. This program, and other VAWA 
programs, meet the true and immediate needs of victims in every State. 
By contrast, the proposed constitutional amendment is a political 
gimmick, which promises much but fails to define real rights or provide 
real remedies or assistance.
  We must also do more for victims of hate crimes by passing the Hate 
Crimes Prevention Act. This legislation amends the Federal hate crimes 
statute to make it easier for federal law enforcement officials to 
investigate and prosecute cases of racial and religious violence. It 
also focuses the attention and resources of the Federal Government on 
the problem of hate crimes committed against people because of their 
sexual orientation, gender, or disability. The Senate approved this 
legislation last summer as part of the Commerce-Justice-State 
appropriations bill, but it was dropped before final passage. We should 
pass it now, without further delay.
  With a simple majority of both Houses of Congress we can pass the 
Crime Victims Assistance Act, which should have been enacted three 
years ago; we can re-authorize the Violence Against Women Act; we can 
pass the Hate Crimes Prevention Act. These laws can make a difference 
today in the lives of crime victims throughout the country. There would 
be no need to achieve super-majorities in both Houses of Congress, no 
need to await ratification efforts among the States and no need to go 
through the ensuing process of enacting implementing legislation.
  I regret that we did not do more for victims last year or the year 
before. Over the course of that time, I have noted my concern that we 
not dissipate the progress we could be making by focusing exclusively 
on efforts to amend the Constitution. Regretfully, I must note that the 
pace of victims legislation has slowed noticeably and many 
opportunities for progress have been squandered.
  I look forward to continuing to work with the Administration, victims 
groups, prosecutors, judges and other interested parties on how we can 
most effectively enhance the rights of victims of crime. Congress and 
State legislatures have become more sensitive to crime victims rights 
over the past 20 years and we have a golden opportunity to make 
additional, significant progress this year to provide the greater voice 
and rights that crime victims deserve.
  I want to take this opportunity to commend all those who work so hard 
every day to assist victims of crime and to prevent others from 
becoming victims of crime. That is something I try to do every year 
and, in particular, during Crime Victims Rights Week. In preparing to 
do so again this year I was disappointed to see that no other Senator 
has yet recognized Crime Victims Rights week.
  On behalf of Senators Kennedy, Sarbanes, Kerry, Harkin, Murray, 
Feingold, and Robb, I am today filing a substitute amendment to our 
bill. In spite of the Judiciary Committee's lack of attention to these 
matters, we have continued to work on them, think about them and to 
improve the bill. I

[[Page 5792]]

ask unanimous consent that a copy of the substitute amendment and a 
section-by-section summary be printed in the Record.
  Mr. KENNEDY. Mr. President, I support greater recognition of the 
rights of victims of crime. Clearly, they deserve enforceable rights 
that are guaranteed by law. But, just as clearly, these rights can be 
achieved without amending the Constitution. The Constitution is the 
foundation of our democracy, and it reflects the enduring principles of 
our country. The framers deliberately made it difficult to amend 
because it was never intended to be used for normal legislative 
purposes.
  We have a responsibility to assure victims of crime that their rights 
in the criminal justice system will not be ignored. That is why my 
colleagues and I are re-introducing the Crime Victims Assistance Act.
  Our bill clearly defines the rights of victims, and it establishes an 
effective means to implement and enforce these rights. It does so 
without taking the drastic and unnecessary step of amending the 
Constitution. Acting through legislation allows us to act quickly to 
give victims the rights to which they are entitled. It also allows us 
to react quickly to changing circumstances. By contrast, the proponents 
of a constitutional amendment are asking victims to wait, possibly for 
years, before any of the provisions in the amendment are adopted, much 
less implemented.
  Our bill provides enhanced protections to victims of federal crimes. 
It assures victims a greater voice in the prosecution of the criminals 
who injured them and their families. It gives victims the right to be 
notified and heard on detention and plea agreements, the right to be 
notified and heard at probation revocation hearings, the right to be 
notified of the escape or release of a criminal from prison, and the 
right to a speedy trial and prompt disposition, free from unreasonable 
delay. In addition, our bill enhances victims' rights to obtain 
restitution, to be notified and heard at sentencing, and to be present 
at trial.
  The rights established by our bill will fill the existing gaps in 
federal criminal law and will be a major step toward ensuring that 
victims of crime receive appropriate and sensitive treatment. Our bill 
will achieve these goals in a way that does not interfere with the 
efforts of the States to protect victims in ways appropriate to each 
State's unique needs.
  Our bill also contains measures to ensure that victims receive the 
counseling, information, and assistance they need in order to 
participate in the criminal justice process to the maximum extent 
possible. It creates and funds additional federal victim assistance 
personnel. It authorizes the use of funds to establish effective pilot 
programs. It provides funds for increased training of state and local 
law enforcement agencies and court personnel, to enable them to respond 
effectively to the needs of victims and to notify them of important 
dates and developments. Our bill also establishes ombudsman programs to 
ensure that victims are given unbiased information about navigating the 
criminal justice process. To make all of these improvements possible, 
the proposed statute also improves federal financial support for victim 
assistance and compensation.
  There is no need to amend the constitution to achieve these important 
goals. In my view, when it is not necessary to amend the constitution 
to achieve a particular goal, it is necessary not to amend it. That is 
why I ask my colleagues to establish effective and enforceable rights 
for victims of crime by supporting the Crime Victims Assistance Act.
  Mr. FEINGOLD. Mr. President, I was pleased to join Senators Leahy and 
Kennedy as a sponsor of the Crime Victims Assistance Act, and I endorse 
this modified version of the bill. This is an important bill designed 
to give substantial, enforceable rights to the victims of federal 
crimes to participate fully in the various criminal justice proceedings 
arising out of their cases.
  I understand that the sponsors of the constitutional amendment 
concerning the rights of victims of crime, often referred to as the 
Victims' Rights Amendment or VRA, will bring the amendment to the 
Senate floor in the near future. I have the utmost concern for the 
victims of crime, and I want to see them supported as much as possible 
in the law as they deal with the consequences of the crime committed 
against them. But I oppose the amendment.
  The main reason for my opposition is that I do not think it is 
necessary to amend our great governing document, the Constitution of 
the United States, to provide the protection that victims of crime seek 
and deserve. We have a responsibility to deal with these issues through 
legislation before turning to the constitutional amendment process. 
That process is long and uncertain and its results are much less easier 
to fix than a statute if we have left something undone that should have 
been done.
  The statutory alternative developed by Senators Leahy and Kennedy, 
which I expect will be offered as an amendment to the VRA when it comes 
to the floor, will truly serve the interests of victims in a much more 
direct and effective way than would a constitutional amendment. And we 
can enact it this year, getting relief and protections to victims of 
crime immediately that will not be available to them until some 
uncertain date under the constitutional amendment.
  So I am pleased to join in this effort, and I look forward to working 
with my colleagues to try to convince the Senate that this is the best 
way to support the interests of victims of violent crime.
                                 ______
                                 

           JOHN H. CHAFEE ENVIRONMENTAL EDUCATION ACT OF 1999

                                 ______
                                 

                       INHOFE AMENDMENT NO. 3098

  (Ordered to lie on the table.)
  Mr. INHOFE submitted an amendment intended to be proposed by him to 
the bill (S. 1946) to amend the National Environmental Education Act to 
redesignate that Act as the ``John H. Chafee Environmental Education 
Act,'' to establish the John H. Chafee Memorial Fellowship Program, to 
extend the programs under that Act, and for other purposes; as follows:

       In section 7(f) of the John H. Chafee Environmental 
     Education Act (as amended by section 4(a)), strike paragraph 
     (2) and insert the following:
       ``(2) Membership.--The Panel shall consist of 5 members, 
     appointed by the Administrator from among persons recommended 
     by the National Environmental Education Advisory Council.
       In section 6(1) of the bill, strike subparagraph (C) and 
     insert the following:
       (C) by striking the last sentence;
       In section 11(b)(1) of the John H. Chafee Environmental 
     Education Act (as amended by section 8(a)(2))--
       (1) in subparagraph (C)--
       (A) strike ``40 percent'' and insert ``38 percent''; and
       (B) strike ``and'' at the end;
       (2) in subparagraph (D), strike the period at the end and 
     insert ``; and''; and
       (3) add at the end the following:
       ``(E) not more than 2 percent shall be used to administer 
     and make grants under the teachers' awards program under 
     section 8(b).
                                 ______
                                 

                 PALACE OF THE GOVERNORS EXPANSION ACT

                                 ______
                                 

                      DOMENICI AMENDMENT NO. 3099

  Mr. SESSIONS (for Mr. Domenici) proposed an amendment to the bill (S. 
1727) to authorize for the expansion annex of the historic Palace of 
the Governors, a public history museum located, and relating to the 
history of Hispanic and Native American culture, in the Southwest and 
for other purposes, as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Palace of the Governors Annex Act''.

     SEC. 2. CONSTRUCTION OF PALACE OF THE GOVERNORS ANNEX, SANTA 
                   FE, NEW MEXICO.

       (a) Findings.--Congress finds that--
       (1) the United States has a rich legacy of Hispanic 
     influence in politics, government, economic development, and 
     cultural expression;
       (2) the Palace of the Governors--
       (A) has been the center of administrative and cultural 
     activity over a vast region of the Southwest since its 
     construction as New

[[Page 5793]]

     Mexico's second capitol in Santa Fe by Governor Pedro de 
     Peralta in 1610;
       (B) is the oldest continuously occupied public building in 
     the continental United States, having been occupied for 390 
     years; and
       (C) has been designated as a National Historic Landmark;
       (3) since its creation, the Museum of New Mexico has worked 
     to protect and promote Southwestern, Hispanic, and Native 
     American arts and crafts;
       (4) the Palace of the Governors houses the history division 
     of the Museum of New Mexico;
       (5) the Museum has an extensive, priceless, and 
     irreplaceable collection of--
       (A) Spanish Colonial paintings (including the Segesser Hide 
     Paintings, paintings on buffalo hide dating back to 1706);
       (B) pre-Columbian Art; and
       (C) historic artifacts, including--
       (i) helmets and armor worn by the Don Juan de Onate 
     expedition conquistadors who established the first capital in 
     the territory that is now the United States, San Juan de los 
     Caballeros, in July 1598;
       (ii) the Vara Stick used to measure land grants and other 
     real property boundaries in Dona Ana County, New Mexico;
       (iii) the Columbus, New Mexico Railway Station clock that 
     was shot, stopping the pendulum, freezing for all history the 
     moment when Pancho Villa's raid began;
       (iv) the field desk of Brigadier General Stephen Watts 
     Kearny, who was posted to New Mexico during the Mexican War 
     and whose Army of the West traveled the Santa Fe trail to 
     occupy the territories of New Mexico and California; and
       (v) more than 800,000 other historic photographs, guns, 
     costumes, maps, books, and handicrafts;
       (6) the Palace of the Governors and its contents are 
     included in the Mary C. Skaggs Centennial Collection of 
     America's Treasures;
       (7) the Palace of the Governors and the Segesser Hide 
     paintings have been declared national treasures by the 
     National Trust for Historic Preservation; and
       (8) time is of the essence in the construction of an annex 
     to the Palace of the Governors for the exhibition and storing 
     of the collection described in paragraph (5), because--
       (A) the existing facilities for exhibiting and storing the 
     collection are so inadequate and unsuitable that existence of 
     the collection is endangered and its preservation is in 
     jeopardy; and
       (B) 2010 marks the 400th anniversary of the continuous 
     occupation and use of the Palace of the Governors and is an 
     appropriate date for ensuring the continued viability of the 
     collection.
       (b) Definitions.--In this section:
       (1) Annex.--The term ``Annex'' means the annex for the 
     Palace of the Governors of the Museum of New Mexico, to be 
     constructed behind the Palace of the Governors building at 
     110 Lincoln Avenue, Santa Fe, New Mexico.
       (2) Office.--The term ``Office'' means the State Office of 
     Cultural Affairs.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) State.--The term ``State'' means the State of New 
     Mexico.
       (c) Grant.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary shall make a grant to the 
     Office to pay 50 percent of the costs of the final design, 
     construction, management, inspection, furnishing, and 
     equipping of the Annex.
       (2) Requirements.--Subject to the availability of 
     appropriations, to receive a grant under this paragraph (1), 
     the Office shall--
       (A) submit to the Secretary a copy of the architectural 
     blueprints for the Annex; and
       (B) enter into a memorandum of understanding with the 
     Secretary under subsection (d).
       (d) Memorandum of Understanding.--At the request of the 
     Office, the Secretary shall enter into a memorandum of 
     understanding with the Office that--
       (1) requires that the Office award the contract for 
     construction of the Annex after a competitive bidding process 
     and in accordance with the New Mexico Procurement Code; and
       (2) specifies a date for completion of the Annex.
       (e) Non-federal share.--The non-Federal share of the costs 
     of the final design, construction, management, inspection, 
     furnishing, and equipping of the Annex--
       (1) may be in cash or in kind fairly evaluated, including 
     land, art and artifact collections, plant, equipment, or 
     services; and
       (2) shall include any contribution received by the State 
     (including contributions from the New Mexico Foundation and 
     other endowment funds) for, and any expenditure made by the 
     State for, the Palace of the Governors or the Annex, 
     including--
       (A) design;
       (B) land acquisition (including the land at 110 Lincoln 
     Avenue, Santa Fe, New Mexico);
       (C) acquisitions for and renovation of the library;
       (D) conservation of the Palace of the Governors;
       (E) construction, management, inspection, furnishing, and 
     equipping of the Annex; and
       (F) donations of art collections and artifacts to the 
     Museum of New Mexico on or after the date of enactment of 
     this Act.
       (f) Use of Funds.--The funds received under a grant awarded 
     under subsection (c) shall be used only for the final design, 
     construction, management, inspection, furnishing and 
     equipment of the Annex.
       (g) Authorization of Appropriations.--
       (1) In general.--Subject to paragraph (2), subject to the 
     availability of appropriations, there is authorized to be 
     appropriated to the Secretary to carry out this section 
     $15,000,000, to remain available until expended.
       (2) Condition.--Paragraph (1) authorizes sums to be 
     appropriated on the condition that--
       (A) after the date of enactment of this Act and before 
     January 1, 2010, the State appropriate at least $8,000,000 to 
     pay the costs of the final design, construction, management, 
     inspection, furnishing, and equipping of the Annex; and
       (B) other non-Federal sources provide sufficient funds to 
     pay the remainder of the 50 percent non-Federal share of 
     those costs.
                                 ______
                                 

                  NRC FAIRNESS IN FUNDING ACT OF 1999

                                 ______
                                 

                    SMITH AMENDMENTS NOS. 3100-3101

  Mr. SESSIONS (for Mr. Smith of New Hampshire) proposed two amendments 
to the bill (S. 1627) to extend the authority of the Nuclear Regulatory 
Commission to collect fees through 2004, and for other purposes; as 
follows:

                           Amendment No. 3100

       Beginning on page 5, strike line 2 and all that follows 
     through page 7, line 22, and insert the following:

     SEC. 101. NUCLEAR REGULATORY COMMISSION ANNUAL CHARGES.

       Section 6101 of the Omnibus Budget Reconciliation Act of 
     1990 (42 U.S.C. 2214) is amended--
       (1) in subsection (a)(3), by striking ``September 30, 
     1999'' and inserting ``September 20, 2005''; and
       (2) in subsection (c)--
       (A) in paragraph (1), by inserting ``or certificate 
     holder'' after ``licensee''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Aggregate amount of charges.--
       ``(A) In general.--The aggregate amount of the annual 
     charges collected from all licensees and certificate holders 
     in a fiscal year shall equal an amount that approximates the 
     percentages of the budget authority of the Commission for the 
     fiscal year stated in subparagraph (B), less--
       ``(i) amounts collected under subsection (b) during the 
     fiscal year; and
       ``(ii) amounts appropriated to the Commission from the 
     Nuclear Waste Fund for the fiscal year.
       ``(B) Percentages.--The percentages referred to in 
     subparagraph (A) are--
       ``(i) 98 percent for fiscal year 2001;
       ``(ii) 96 percent for fiscal year 2002;
       ``(iii) 94 percent for fiscal year 2003;
       ``(iv) 92 percent for fiscal year 2004; and
       ``(v) 88 percent for fiscal year 2005.''.
                                  ____


                           Amendment No. 3101

       On page 7, strike line 23 and insert the following:

     SEC. 102. NUCLEAR REGULATORY COMMISSION AUTHORITY OVER FORMER 
                   LICENSEES FOR DECOMMISSIONING FUNDING.

       Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2201(i)) is amended--
       (1) by striking ``and (3)'' and inserting ``(3)''; and
       (2) by inserting before the semicolon at the end the 
     following: ``, and (4) to ensure that sufficient funds will 
     be available for the decommissioning of any production or 
     utilization facility licensed under section 103 or 104b., 
     including standards and restrictions governing the control, 
     maintenance, use, and disbursement by any former licensee 
     under this Act that has control over any fund for the 
     decommissioning of the facility''.

     SEC. 103. COST RECOVERY FROM GOVERNMENT AGENCIES.

                          ____________________