[Congressional Record Volume 143, Number 109 (Tuesday, July 29, 1997)]
[Senate]
[Pages S8262-S8277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. INOUYE:
S. 1078. A bill to amend the Organic Act of Guam to provide
restitution to the people of Guam who suffered atrocities such as
personal injury, forced labor, forced marches, internment, and death
during the occupation of Guam in World War II, and for other purposes;
to the Committee on the Judiciary.
THE GUAM WAR RESTITUTION ACT
Mr. INOUYE. Mr. President, for nearly 3 years, the people of Guam
endured war time atrocities and suffering. As part of Japan's assault
against the Pacific, Guam was bombed and invaded by Japanese forces
within 3 days of the infamous attack on Pearl Harbor. At that time,
Guam was administered by the United States Navy under the authority of
a Presidential Executive order. It was also populated by then American
nationals. For the first time since the War of 1812, a foreign power
invaded United States soil.
In 1952, when the United States signed a peace treaty with Japan,
formally ending World War II, it waived the rights of American
nationals, including those of Guamanians, to present claims against
Japan. As a result of this action, American nationals were forced to
seek relief from the Congress of the United States.
Today, I rise to introduce the Guam War Restitution Act, which would
amend the Organic Act of Guam and provide restitution to those who
suffered atrocities during the occupation of Guam in World War II.
There are several key components to this measure.
The Restitution Act would establish specific damage awards to those
who are survivors of the war, and to the heirs of those who died during
the war. The specific damage awards would be as follows: First, $20,000
for death; second, $7,000 for personal injury; and third, $5,000 for
forced labor, forced march, or internment.
The Restitution Act would also establish specific damage benefits to
the heirs of those who survived the war, who made previous claims but
have since died. The specific damage benefits would be as follows:
First, $7,000 for personal injury; and second, $5,000 for forced labor,
forced march, or internment. Payments for benefits may either be in the
form of a scholarship, payment of medical expenses, or a grant for
first-time home ownership.
This act would also establish a Guam trust fund from which
disbursements will be made. Any amount left over in the Fund would be
used to establish the Guam World War II Loyalty Scholarships at the
University of Guam.
A nine-member Guam Trust Fund Commission would be established to
adjudicate and award all claims from the Trust Fund.
The United States Congress previously recognized its moral obligation
to the people of Guam and provided reparations relief by enacting the
Guam Meritorious Claims Act on November 15, 1945 (Public Law 79-224).
Unfortunately, the Claims Act was seriously flawed and did not
adequately compensate Guam after World War II.
The Claims Act primarily covered compensation for property damage and
limited compensation for death or personal injury. Claims for forced
labor, forced march, and internment were never compensated because the
Claims Act excluded these from awardable injuries. The enactment of the
Claims Act was intended to make Guam whole. The Claims Act, however,
failed to specify postwar values as a basis for computing awards, and
settled on prewar values, which did not reflect the
[[Page S8263]]
true postwar replacement costs. Also, all property damage claims in
excess of $5,000, as well as all death and injury claims, required
congressional review and approval. This action caused many eligible
claimants to settle for less in order to receive timely compensation.
The Claims Act also imposed a 1-year time limit to file claims, which
was insufficient as massive disruptions still existed following Guam's
liberation. In addition, English was then a second language to a great
many Guamanians. While a large number spoke English, few could read it.
This is particularly important since the Land and War Claims Commission
required written statements and often communicated with claimants in
writing.
The reparations program was also inadequate because it became
secondary to overall reconstruction and the building of permanent
military bases. In this regard, the Congress enacted the Guam Land
Transfer Act and the Guam Rehabilitation Act (Public Laws 79-225 and
79-583) as a means of rehabilitating Guam. The Guam Land Transfer Act
provided the means of exchanging excess Federal land for resettlement
purposes, and the Guam Rehabilitation Act appropriated $6 million to
construct permanent facilities for the civic populace of the island for
their economic rehabilitation.
Approximately $8.1 million was paid to 4,356 recipients under the
Guam Meritorious Claims Act. Of this amount, $4.3 million was paid to
1,243 individuals for death, injury, and property damage in excess of
$5,000, and $3.8 million to 3,113 recipients for property damage below
$5,000.
On June 3, 1947, former Secretary of the Interior Harold Ickes
testified before the House Committee on Public Lands relative to the
Organic Act, and strongly criticized the Department of the Navy for
their ``inefficient and even brutal handling of the rehabilitation and
compensation and war damage tasks.'' Secretary Ickes termed the
procedures as shameful results.
In addition, a committee known as the Hopkins Committee was
established by former Secretary of the Navy James Forrestal in 1947 to
assess the Navy's administration of Guam and American Samoa. An
analysis of the Navy's administration of the reparation and
rehabilitation programs was provided to Secretary Forrestal in a March
25, 1947 letter from the Hopkins Committee. The letter indicated that
the Department's confusing policy decisions greatly contributed to the
programs' deficiencies and called upon the Congress to pass legislation
to correct its mistakes and provide reparations to the people of Guam.
In 1948, the United States Congress enacted the War Claims Act of
1948 (Public Law 80-896), which provided reparation relief to American
prisoners of war, internees, religious organizations, and employees of
defense contractors. The residents of Guam were deemed ineligible to
receive reparations under this Act because they were American nationals
and not American citizens. In 1950, the United States Congress enacted
the Guam Organic Act (81-630), granting Guamanians American citizenship
and a measure of self-government.
The Congress, in 1962, amended the War Claims Act to provide for
claimants who were nationals at the time of the war and who became
citizens. Again, the residents of Guam were specifically excluded. The
Congress believed that the residents of Guam were provided for under
the Guam Meritorious Claims Act. At that time, there was no one to
defend Guam, as they had no representation in Congress. The Congress
also enacted the Micronesian Claims Act for the Trust Territory of the
Pacific Islands, but again excluded Guam in the settlement.
In 1988, the now inactive Guam War Reparations Commission documented
3,365 unresolved claims. There are potentially 5,000 additional
unresolved claims. In 1946, the United States provided over $390
million in reparations to the Philippines, and over $10 million to the
Micronesian Islands in 1971 for atrocities inflicted by Japan. In
addition, the United States provided over $2 billion in postwar aid to
Japan from 1946 to 1951. Further, the United States government
liquidated over $84 million in Japanese assets in the United States
during the war for the specific purpose of compensating claims of its
citizens and nationals. The United States did not invoke its authority
to seize more assets from Japan under Article 14 of the Treaty of
Peace, as other Allied Powers had done. The United States, however, did
close the door on the claims of the people of Guam.
A companion measure to my bill, H.R. 2200, was introduced in the
House of Representatives by Representative Robert Underwood. The issue
of reparations for Guam is not a new one for the people of Guam and for
the United States Congress. It has been consistently raised by the
Guamanian government through local enactments of legislative bills and
resolutions, and discussed with congressional leaders over the years.
The Guam War Restitution Act cannot fully compensate or erase the
atrocities inflicted upon Guam and its people during the occupation by
the Japanese military. However, passage of this Act would recognize our
Government's moral obligation to Guam, and bring justice to the people
of Guam for the atrocities and suffering they endured during World War
II. I urge my colleagues to support this measure.
Mr. President, I ask unanimous consent that the text of my bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1078
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guam War Restitution Act''.
SEC. 2. AMENDMENT TO ORGANIC ACT OF GUAM TO PROVIDE
RESTITUTION.
The Organic Act of Guam (48 U.S.C. 1421 et seq.) is amended
by adding at the end the following new section:
``SEC. 35. RECOGNITION OF DEMONSTRATED LOYALTY OF GUAM TO
UNITED STATES, AND SUFFERING AND DEPRIVATION
ARISING THEREFROM, DURING WORLD WAR II.
``(a) Definitions.--For purposes of this section:
``(1) Award.--The term `award' means the amount of
compensation payable under subsection (d)(2).
``(2) Benefit.--The term `benefit' means the amount of
compensation payable under subsection (d)(3).
``(3) Commission.--The term `Commission' means the Guam
Trust Fund Commission established by subsection (f).
``(4) Compensable injury.--The term `compensable injury'
means one of the following three categories of injury
incurred during and as a result of World War II:
``(A) Death.
``(B) Personal injury (as defined by the Commission).
``(C) Forced labor, forced march, or internment.
``(5) Guamanian.--The term `Guamanian' means any person
who--
``(A) resided in the territory of Guam during any portion
of the period beginning on December 8, 1941, and ending on
August 10, 1944, and
``(B) was a United States citizen or national during such
portion.
``(6) Proof.--The term `proof' relative to compensable
injury means any one of the following, if determined by the
Commission to be valid:
``(A) An affidavit by a witness to such compensable injury;
``(B) A statement, attesting to compensable injury, which
is--
``(i) offered as oral history collected for academic,
historic preservation, or journalistic purposes;
``(ii) made before a committee of the Guam legislature;
``(iii) made in support of a claim filed with the Guam War
Reparations Commission;
``(iv) filed with a private Guam war claims advocate; or
``(v) made in a claim pursuant to the first section of the
Act of November 15, 1945 (Chapter 483; 59 Stat. 582).
``(7) Trust fund.--The term `Trust Fund' means the Guam
Trust Fund established by subsection (e).
``(b) Requirements for Claims and General Duties of
Commission--
``(1) Required information for claims.--Each claim for an
award or benefit under this section shall be made under oath
and shall include--
``(A) the name and age of the claimant;
``(B) the village in which the individual who suffered the
compensable injury which is the basis for the claim resided
at the time the compensable injury occurred;
``(C) the approximate date or dates on which the
compensable injury occurred;
``(D) a brief description of the compensable injury which
is the basis for the claim;
``(E) the circumstances leading up to the compensable
injury; and
``(F) in the case of a claim for a benefit, proof of the
relationship of the claimant to the relevant decedent.
``(2) General duties of the commission to process claims.--
With respect to each claim filed under this section, the
Commission
[[Page S8264]]
shall determine whether the claimant is eligible for an award
or benefit under this section and, if so, shall certify the
claim for payment in accordance with subsection (d).
``(3) Time limitation.--With respect to each claim
submitted under this section, the Commission shall act
expeditiously, but in no event later than 1 year after the
receipt of the claim by the Commission, to fulfill the
requirements of paragraph (2) regarding the claim.
``(4) Direct receipt of proof from public claims files
permitted.--The Commission may receive proof of a compensable
injury directly from the Governor of Guam, or the Federal
custodian of an original claim filed with respect to the
injury pursuant to the first section of the Act of November
15, 1945 (Chapter 483; 59 Stat. 582), if such proof is
contained in the respective public records of the Governor or
the custodian.
``(c) Eligibility.--
``(1) Eligibility for awards.--A claimant shall be eligible
for an award under this section if the claimant meets each of
the following criteria:
``(A) The claimant is--
``(i) a living Guamanian who personally received the
compensable injury that is the basis for the claim, or
``(ii) the heir or next of kin of a decedent Guamanian, in
the case of a claim with respect to which the compensable
injury is death.
``(B) The claimant meets the requirements of paragraph (3).
``(2) Eligibility for benefits.--A claimant shall be
eligible for a benefit under this section if the claimant
meets each of the following criteria:
``(A) The claimant is the heir or next of kin of a decedent
Guamanian who personally received the compensable injury that
is the basis for the claim, and the claim is made with
respect to a compensable injury other than death.
``(B) The claimant meets the requirements of paragraph (3).
``(3) General requirements for eligibility.--A claimant
meets the requirements of this paragraph if the claimant
meets each of the following criteria:
``(A) The claimant files a claim with the Commission
regarding a compensable injury and containing all of the
information required by subsection (b)(1).
``(B) The claimant furnishes proof of the compensable
injury.
``(C) By such procedures as the Commission may prescribe,
the claimant files a claim under this section not later than
1 year after the date of the appointment of the ninth member
of the Commission.
``(4) Limitation on eligibility for awards and benefits--
``(A) Awards.--
``(i) No claimant may receive more than 1 award under this
section and not more than 1 award may be paid under this
section with respect to each decedent described in paragraph
(1)(A)(ii).
``(ii) Each award shall consist of only 1 of the amounts
referred to in subsection (d)(2).
``(B) Benefits.--
``(i) Not more than 1 benefit may be paid under this Act
with respect to each decedent described in paragraph (2)(A).
``(ii) Each benefit shall consist of only 1 of the amounts
referred to in subsection (d)(3).
``(d) Payments.--
``(1) Certification.--The Commission shall certify for
payment all awards and benefits that the Commission
determines are payable under this section.
``(2) Awards.--The Commission shall pay from the Trust Fund
1 of the following amounts as an award for each claim with
respect to which a claimant is determined to be eligible
under subsection (c)(1):
``(A) $20,000 if the claim is based on death.
``(B) $7,000 if the claim is based on personal injury.
``(C) $5,000 if the claim is based on forced labor, forced
march, or internment and is not based on personal injury.
``(3) Benefits.--The Commission shall pay from the Trust
Fund 1 of the following amounts as a benefit with respect to
each claim for which a claimant is determined eligible under
subsection (c)(2):
``(A) $7,000 if the claim is based on personal injury.
``(B) $5,000 if the claim is based on forced labor, forced
march, or internment and is not based on personal injury.
``(4) Reduction of amount to coordinate with previous
claims.--The amount required to be paid under paragraph (2)
or (3) for a claim with respect to any Guamanian shall be
reduced by any amount paid under the first section of the Act
of November 15, 1945 (Chapter 483; 59 Stat. 582) with respect
to such Guamanian.
``(5) Form of payment.--
``(A) Awards.--In the case of a claim for an award, payment
under this subsection shall be made in cash to the claimant,
except as provided in paragraph (6).
``(B) Benefits.--In the case of a claim for a benefit--
``(i) In general.--Payment under this subsection shall
consist of--
``(I) provision of a scholarship;
``(II) payment of medical expenses; or
``(III) a grant for first-time home ownership.
``(ii) Method of payment.--Payment of cash under this
subsection may not be made directly to a claimant, but may be
made to a service provider, seller of goods or services, or
other person in order to provide to a claimant (or other
person, as provided in paragraph (6)) a benefit referred to
in subparagraph (B).
``(C) Development of procedures.--The Commission shall
develop and implement procedures to carry out this paragraph.
``(6) Payments on claims with respect to same decedent.--
``(A) Awards.--In the case of a claim based on the
compensable injury of death, payment of an award under this
section shall be divided, as provided in the probate laws of
Guam, among the heirs or next of kin of the decedent who file
claims for such division by such procedures as the Commission
may prescribe.
``(B) Individuals proving consanguinity with claimants for
benefits.--Each individual who proves consanguinity with a
claimant who has met each of the criteria specified in
subsection (c)(2) shall be entitled to receive an equal share
of the benefit accruing under this section with respect to
the claim of such claimant if the individual files a claim
with the Commission by such procedures as the Commission may
prescribe.
``(7) Order of payments.--The Commission shall endeavor to
make payments under this section with respect to awards
before making such payments with respect to benefits and,
when making payments with respect to awards or benefits,
respectively, to make payments to eligible individuals in the
order of date of birth (the oldest individual on the date of
the enactment of this Act, or if applicable, the survivors of
that individual, receiving payment first) until all eligible
individuals have received payment in full.
``(8) Refusal to accept payment.--If a claimant refuses to
accept a payment made or offered under paragraph (2) or (3)
with respect to a claim filed under this section--
``(A) the amount of the refused payment, if withdrawn from
the Trust Fund for purposes of making the payment, shall be
returned to the Trust Fund; and
``(B) no payment may be made under this section to such
claimant at any future date with respect to the claim.
``(9) Clarification of treatment of payments under other
laws.--Awards paid to eligible claimants--
``(A) shall be treated for purposes of the internal revenue
laws of the United States as damages received on account of
personal injuries or sickness; and
``(B) shall not be included as income or resources for
purposes of determining eligibility to receive benefits
described in section 3803(c)(2)(C) of title 31, United States
Code, or the amount of such benefits.
``(e) Guam Trust Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States the Guam Trust Fund, which shall be
administered by the Secretary of the Treasury.
``(2) Investments.--Amounts in the Trust Fund shall be
invested in accordance with section 9702 of title 31, United
States Code.
``(3) Uses.--Amounts in the Trust Fund shall be available
only for disbursement by the Commission in accordance with
subsection (f).
``(4) Disposition of funds upon termination.--If all of the
amounts in the Trust Fund have not been obligated or expended
by the date of the termination of the Commission, investments
of amounts in the Trust Fund shall be liquidated, the
receipts of such liquidation shall be deposited in the Trust
Fund, and any unobligated funds remaining in the Trust Fund
shall be given to the University of Guam, with the conditions
that--
``(A) the funds are invested as described in paragraph (2);
``(B) the funds are used for scholarships to be known as
Guam World War II Loyalty Scholarships, for claimants
described in paragraph (1) or (2) of subsection (c) or in
subsection (d)(6), or for such scholarships for the
descendants of such claimants; and
``(C) as the University determines appropriate, the
University shall endeavor to award the scholarships referred
to in subparagraph (B) in a manner that permits the award of
the largest possible number of scholarships over the longest
possible period of time.
``(f) Guam Trust Fund Commission.--
``(1) Establishment.--There is established the Guam Trust
Fund Commission, which shall be responsible for making
disbursements from the Guam Trust Fund in the manner provided
in this section.
``(2) Use of guam trust fund.--The Commission may make
disbursements from the Guam Trust Fund only for the following
uses:
``(A) To make payments, under subsection (d), of awards and
benefits.
``(B) To sponsor research and public educational activities
so that the events surrounding the wartime experiences and
losses of the Guamanian people will be remembered, and so
that the causes and circumstances of this event and similar
events may be illuminated and understood.
``(C) To pay reasonable administrative expenses of the
Commission, including expenses incurred under paragraphs
(3)(C), (4), and (5).
``(3) Membership.--
``(A) Number and appointment.--The Commission shall be
composed of 9 members who are not officers or employees of
the United States Government and who are appointed by the
President from recommendations made by the Governor of Guam.
``(B) Terms.--
``(i) Initial members of the Commission shall be appointed
for initial terms of 3 years, and subsequent terms shall be
of a
[[Page S8265]]
length determined pursuant to subparagraph (F).
``(ii) Any member of the Commission who is appointed to
fill a vacancy occurring before the expiration of the term
for which such member's predecessor was appointed shall be
appointed only for the remainder of such term.
``(C) Prohibition of compensation other than expenses.--
Members of the Commission shall serve without pay as such,
except that members of the Commission shall be entitled to
reimbursement for travel, subsistence, and other necessary
expenses incurred by them in carrying out the functions of
the Commission in the same manner that persons employed
intermittently in the United States Government are allowed
expenses under section 5703 of title 5, United States Code.
``(D) Quorum.--5 members of the Commission shall constitute
a quorum but a lesser number may hold hearings.
``(E) Chairperson.--The Chairperson of the Commission shall
be elected by the members of the Commission.
``(F) Subsequent appointments.--
``(i) Upon the expiration of the term of each member of the
Commission, the President shall reappoint the member (or
appoint another individual to replace the member) if the
President determines, after consideration of the reports
submitted to the President by the Commission under this
section, that there are sufficient funds in the Trust Fund
for the present and future administrative costs of the
Commission and for the payment of further awards and benefits
for which claims have been or may be filed under this title.
``(ii) Members appointed under clause (i) shall be
appointed for a term of a length that the President
determines to be appropriate, but the length of such term
shall not exceed 3 years.
``(4) Staff and services.--
``(A) Director.--The Commission shall have a Director who
shall be appointed by the Commission.
``(B) Additional staff.--The Commission may appoint and fix
the pay of such additional staff as it may require.
``(C) Inapplicability of certain provisions of title 5,
united states code.--The Director and the additional staff of
the Commission may be appointed without regard to section
5311 of title 5, United States Code, and without regard to
the provisions of such title governing appointments in the
competitive service, and may be paid without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
such title, relating to classification and General Schedule
pay rates, except that the compensation of any employee of
the Commission may not exceed a rate equivalent to the
minimum rate of basic pay payable for GS-15 of the General
Schedule under section 5332(a) of such title.
``(D) Administrative support services.--The Administrator
of General Services shall provide to the Commission, on a
reimbursable basis, such administrative support services as
the Commission may request.
``(5) Gifts and donations.--The Commission may accept, use,
and dispose of gifts or donations of funds, services, or
property for uses referred to in paragraph (2). The
Commission may deposit such gifts or donations, or the
proceeds from such gifts or donations, into the Trust Fund.
``(6) Termination.--The Commission shall terminate on the
earlier of--
``(A) the expiration of the 6-year period beginning on the
date of the appointment of the first member of the
Commission; or
``(B) the date on which the Commission submits to the
Congress a certification that all claims certified for
payment under this section are paid in full and no further
claims are expected to be so certified.
``(g) Notice.--Not later than 90 days after the appointment
of the ninth member of the Commission, the Commission shall
give public notice in the territory of Guam and such other
places as the Commission deems appropriate of the time
limitation within which claims may be filed under this
section. The Commission shall ensure that the provisions of
this section are widely published in the territory of Guam
and such other places as the Commission deems appropriate,
and the Commission shall make every effort both to advise
promptly all individuals who may be entitled to file claims
under the provisions of this title and to assist such
individuals in the preparation and filing of their claims.
``(h) Reports.--
``(1) Compensation and claims.--Not later than 12 months
after the formation of the Commission, and each year
thereafter for which the Commission is in existence, the
Commission shall submit to the Congress, the President, and
the Governor of Guam a report containing a determination of
the specific amount of compensation necessary to fully carry
out this section, the expected amount of receipts to the
Trust Fund, and all payments made by the Commission under
this section. The report shall also include, with respect to
the year which the report concerns--
``(A) a list of all claims, categorized by compensable
injury, which were determined to be eligible for an award or
benefit under this section, and a list of all claims,
categorized by compensable injury, which were certified for
payment under this section; and
``(B) a list of all claims, categorized by compensable
injury, which were determined not to be eligible for an award
or benefit under this section, and a brief explanation of the
reason therefor.
``(2) Annual operations and status of trust fund.--
Beginning with the first full fiscal year ending after
submission of the first report required by paragraph (1), and
annually thereafter with respect to each fiscal year in which
the Commission is in existence, the Commission shall submit a
report to Congress, the President, and the Governor of Guam
concerning the operations of the Commission under this
section and the status of the Trust Fund. Each such report
shall be submitted not later than January 15th of the first
calendar year beginning after the end of the fiscal year
which the report concerns.
``(3) Final award report.--After all awards have been paid
to eligible claimants, the Commission shall submit a report
to the Congress, the President, and the Governor of Guam
certifying--
``(A) the total amount of compensation paid as awards under
this section, broken down by category of compensable injury;
and
``(B) the status of the Trust Fund and the amount of any
existing balance thereof.
``(4) Final benefits report.--After all benefits have been
paid to eligible claimants, the Commission shall submit a
report to the Congress, the President, and the Governor of
Guam certifying--
``(A) the total amount of compensation paid as benefits
under this section, broken down by category of compensable
injury; and
``(B) the final status of the Trust Fund and the amount of
any existing balance thereof.
``(i) Limitation of Agent and Attorney Fees.--It shall be
unlawful for an amount exceeding 5 percent of any payment
required by this section with respect to an award or benefit
to be paid to or received by any agent or attorney for any
service rendered in connection with the payment. Any person
who violates this section shall be fined under title 18,
United States Code, or imprisoned for not more than 1 year,
or both.
``(j) Disclaimer.--No provision of this section shall
constitute an obligation for the United States to pay any
claim arising out of war. The compensation provided in this
section is ex gratia in nature and intended solely as a means
of recognizing the demonstrated loyalty of the people of Guam
to the United States, and the suffering and deprivation
arising therefrom, during World War II.
``(k) Authorization of Appropriations.--There are
authorized to be appropriated, from sums appropriated to the
Department of the Interior, such sums as may be necessary to
carry out this section, including the administrative
responsibilities of the Commission for the 36-month period
beginning on the date of the appointment of the ninth member
of the Commission. Amounts appropriated pursuant to this
section are authorized to remain available until expended.''.
SEC. 3. RECOMMENDATION OF FUNDING MEASURES.
Not later than 1 year after the date of the submission of
the first report submitted under section 35(h)(1) of the
Organic Act of Guam (as added by section 2 of this Act), the
President shall submit to the Congress a list of recommended
spending cuts or other measures which, if implemented, would
generate sufficient savings or income, during the first 5
fiscal years beginning after the date of the submission of
such list, to provide the amount of compensation necessary to
fully carry out this section (as determined in such first
report).
______
By Mr. DORGAN (for himself and Mr. Conrad):
S. 1079. A bill to permit the leasing of mineral rights, in any case
in which the Indian owners of an allotment that is located within the
boundaries of the Fort Berthold Indian Reservation and held trust by
the United States have executed leases to more than 50 percent of the
mineral estate of that allotment; to the Committee on Indian Affairs.
oil and gas development at fort berthold reservation legislation
Mr. DORGAN. Mr. President, today I am introducing legislation, along
with my good friend and colleague Mr. Conrad. that will promote
economic development on the Fort Berthold Indian Reservation in our
State.
Economic development must be among our top priorities in Indian
country, and our Federal policies should support, not hinder, the
creation of new employment opportunities on our Nation's Indian
reservations. This bill is aimed at addressing a provision in Federal
law that is unnecessarily hampering the economic development efforts of
Three Affiliated Tribes in North Dakota and has the support of the
Tribes' Business Council.
The Fort Berthold Indian Reservation has been working for years to
develop partnerships with the oil industry to explore the development
of oil and gas resources on its tribally owned or allotted lands. The
Fort Berthold Reservation covers about 1 million acres of land in the
middle of the proven oil-rich Williston Basin. There has been active
oil and gas exploration and
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development on the lands surrounding the reservation, but Three
Affiliated Tribes itself and its members have been able to participate
in this activity in only a very limited way because of a Federal
requirement that 100 percent of all tribal members with ownership in an
allotment agree to the leasing of that allotment. Some of the allotted
land tracts on this reservation are owned by up to 200 individuals, and
if even one of these owners will not sign the lease, the exploration
cannot proceed. This outmoded 100-percent requirement makes it
virtually impossible for tribes and its members to pursue this kind of
economic development, even if a vast majority of allottees are
supportive.
This legislation, which is narrowly drawn and applies only to the
Fort Berthold Reservation, would allow a leasing agreement to go
forward if more than 50 percent of those with an interest in specific
allotted lands agree. By keeping in place a majority requirement for
the leasing of mineral rights, the rights of individual landowners
would still be protected. The Secretary of the Interior would also
still have to review and approve a proposed leasing agreement.
The economic implications of this legislation for Three Affiliated
Tribes are enormous. The drilling of just 1 well would create 50 to 100
jobs, so clearly, this bill can help the Indian people on Fort Berthold
Reservation to move away from welfare dependency to economic
independence. I look forward to working with my colleagues to enact
this legislation.
Mr. President, I ask unanimous consent that the text of my bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1079
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. LEASES OF ALLOTTED LANDS OF THE FORT BERTHOLD
INDIAN RESERVATION.
(a) In General.--
(1) Approval by secretary of the interior.--
(A) In general.--Notwithstanding any other provision of law
(including the Act of March 3, 1909 (35 Stat. 783, chapter
263; 25 U.S.C. 396) and the regulations issued under that
Act), the Secretary of the Interior or a designee of the
Secretary may approve mineral leases of an allotment
described in paragraph (2) in any case in which the Indian
owners of that allotment have executed leases to more than 50
percent of the mineral estate of that allotment.
(B) Benefits of leases.--At such time as mineral leases on
an allotment have been approved for all Indian ownership
interests pursuant to this section, all Indian owners of the
allotment shall be entitled to the benefits of the leases.
(2) Allotments.--An allotment described in this paragraph
is an allotment that--
(A) is located in the Fort Berthold Indian Reservation,
North Dakota; and
(B) is held in trust by the United States.
(b) Rules of Construction.--This Act supersedes the Act of
March 3, 1909 (35 Stat. 783, chapter 263; 25 U.S.C. 396) only
to the extent provided in subsection (a).
Mr. CONRAD. Mr. President, I am pleased to introduce, along with my
distinguished colleague from North Dakota, legislation to increase
opportunities for oil and gas leasing on the Fort Berthold Indian
Reservation in North Dakota.
Mr. President, as a member of the Senate Select Committee on Indian
Affairs, I understand the importance of increasing economic development
in Indian country, in particular, development that creates high-paying,
skilled employment. Members of the Three Affiliated Tribes at Fort
Berthold have been working on a plan to create jobs and increase
revenue through oil and gas development on the Fort Berthold
Reservation, which lies within the oil-rich Williston Basin.
At present, there are only seven oil producing wells on land owned by
the Three Affiliated Tribes or tribal members. The Tribal Business
Council is considering possibilities for development of oil and gas
reserves of its tribally owned land and allotted lands of its members
and is pursuing approval by the Bureau of Indian Affairs of an
exploration and development agreement under the Mineral Development
Act.
The fractionated ownership of allotted lands complicates the leasing
and exploration process. The Bureau must approve tribal oil and gas
leases, and in order for the Bureau to approve a lease of Indian lands,
all who have an interest in the land must agree to the particular oil
and gas lease. The number of people who have an undivided interest in
various land allotments grows larger each year and now involves
hundreds of people. Thus, for an oil and gas exploration to commence,
hundreds of oil and gas leases for small allotments of land would have
to be executed. If any one person with an interest--no matter how
small--in the land objects, the lease agreement would fail. Present law
creates a nearly insurmountable barrier to this type of oil and gas
development, even in the face of overwhelming support by allotted
landowners.
The legislation we are introducing today--which applies only to the
Fort Berthold Indian Reservation--would allow an oil and gas lease to
become effective if those individual owners of 50 percent or more of
the interests in a particular tract of mineral acres agree to the
lease. The bill also includes safeguards to ensure that all Indian
owners of the allotments are entitled to the benefits of the leases.
This legislation is an important step for oil and gas development on
the Fort Berthold Indian Reservation; it is supported by the Tribal
Business Council of the Three Affiliated Tribes. I believe the bill can
also serve as a model for addressing other problems in Indian country
that have arisen as a result of fractionated heirship, and a first step
toward a more comprehensive solution.
______
By Mr. AKAKA (for himself, Mr. Craig, Mr. Leahy and Mr. Daschle):
S. 1080. A bill to amend the National Aquaculture Act of 1980 to
provide for the coordination and implementation of a national
aquaculture policy for the private sector by the Secretary of
Agriculture, to establish an aquaculture development and research
program, and for other purposes; to the Committee on Agriculture,
Nutrition, and Forestry.
THE NATIONAL AQUACULTURE DEVELOPMENT, RESEARCH, AND PROMOTION ACT
Mr. AKAKA. Mr. President, today I am introducing the National
Aquaculture Development, Research, and Promotion Act. Senators Craig,
Leahy, and Daschle have joined me in introducing the bill.
This legislation is not merely a reauthorization of an expiring law.
It will help establish a coordinated national aquaculture policy. It
will stimulate the fastest growing segment of U.S. agriculture.
The ever-growing demand for fish and fish products is a driving force
behind the decline of our fisheries. Aquaculture can help satisfy
demand for fishery products and, at the same time, reduce pressure on
wild stocks. The bill will also provide a framework for sustainable
aquaculture development by encouraging best management practices for
aquaculture at the State level.
The National Aquaculture Development, Research, and Promotion Act
addresses the most pressing needs of aquaculture farmers, such as
research, aquacultural credit, and production and market data.
For too long aquaculture farmers have suffered from the absence of a
consistent and unified Federal policy to aid the development of
aquaculture. My bill promotes policies to allow our country to become
more competitive in the expanding global market for aquaculture
products.
The world market for aquaculture is vast, and the United States has
the potential to lead future aquaculture production and technology.
Efforts to expand the U.S. aquaculture industry will not go unrewarded.
The United States imports 60 percent of its seafood, which results in a
$3.5 billion annual trade deficit for fish products. Reducing our
seafood trade deficit by one-third through expanded aquaculture
production would create 25,000 new jobs.
World production of aquaculture in 1995 was 21,300,000 metric tons.
The U.S. contributed less than 3 percent to world output, however.
With global seafood demand projected to increase 70 percent by 2025,
and harvests from capture fisheries stable or declining, aquaculture
production will have to increase by 700 percent, a total of 77 million
metric tons annually, to meet future demand. The important question is
whether U.S. aquaculture will share in this explosive growth.
[[Page S8267]]
This bill is about creating jobs, expanding food production, and
achieving sustainable aquaculture development. America has outstanding
institutions for conducting aquaculture research. A coordinated effort,
with appropriate Federal support, can advance aquaculture development
and promote significant economic growth. Aquaculture has an important
advantage because it can be conducted successfully on lands that are
marginal for other forms of agriculture.
Aquaculture is a diverse industry that affects all regions of the
country. More than 30 States produce at least two dozen commercially
important aquaculture species. Yet the United States ranks 9th among
nations in the value of its production. China, Japan, India, Indonesia,
Norway, Thailand, and Korea all enjoy a larger share of the global
aquaculture market. In addressing the problem of our balance of trade,
aquaculture can be part of the solution.
Nowhere is the opportunity for aquaculture more promising than in
Hawaii. We have a skilled labor force, access to Asian and North
American markets, a climate that allows harvesting throughout the year,
and a 1500-year tradition of aquaculture farming.
Aquaculture supports more jobs per acre than other forms of
agriculture, so it can strengthen our employment base at a time when
other areas of Hawaiian agriculture are declining. Our tradition of
aquaculture that operates in harmony with the environment will help
assure that its growth and development is sustainable.
However, the legislation I have introduced today was not designed
merely to promote aquaculture in Hawaii. The bill was drafted with one
basic principle in mind: to assist all segments of the aquaculture
industry equally. It would be wrong to promote one segment of the
industry, whether it is marine or freshwater aquaculture, or a
particular species of fish or shellfish, over another.
The United States can be a world leader in aquaculture in the same
way that it leads in agriculture. This bill is an important step in
achieving that goal.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1080
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 ``National
Aquaculture Development, Research, and Promotion Act of
1997''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Definitions.
Sec. 4. National aquaculture development plan.
Sec. 5. National Aquaculture Information Center.
Sec. 6. Coordination with the aquaculture industry.
Sec. 7. Aquaculture commercialization research.
Sec. 8. National policy for private aquaculture.
Sec. 9. Authorization of appropriations.
Sec. 10. Eligibility of aquaculture farmers for farm credit assistance.
Sec. 11. International aquaculture information and data collection.
Sec. 12. Aquaculture information network report.
Sec. 13. Implementation report.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Section 2 of the National Aquaculture Act of
1980 (16 U.S.C. 2801) is amended by striking subsection (a)
and inserting the following:
``(a) Findings.--Congress finds the following:
``(1)(A) The wild harvest or capture of certain seafood
species exceeds levels of optimum sustainable yield, thereby
making it more difficult to meet the increasing demand for
aquatic food.
``(B) The Food and Agriculture Organization of the United
Nations has identified aquaculture as one of the world's
fastest growing food production activities.
``(C) The world production of aquaculture doubled from
10,000,000 metric tons in 1984 to 21,300,000 metric tons in
1995, with a value of approximately $40,000,000,000.
``(D) The United States produced 666,000,000 pounds of
aquaculture products in 1994, less than 3 percent of the
world output.
``(E) The United States is a major importer of aquaculture
products.
``(2)(A) To satisfy the domestic market for aquatic food,
the United States imports more than 59 percent of its
seafood.
``(B) This dependence on imports adversely affects the
national balance of payments and contributes to the
uncertainty of supplies and product quality.
``(3)(A) Although aquaculture currently contributes
approximately 17 percent by weight of world seafood
production, less than 9 percent by weight of current United
States seafood production results from aquaculture.
``(B) As a result, domestic aquaculture production has the
potential for significant growth.
``(4) Aquaculture production of aquatic animals and plants
is a source of food, industrial materials, pharmaceuticals,
energy, and aesthetic enjoyment, and can assist in the
control and abatement of pollution.
``(5) The rehabilitation and enhancement of fish and
shellfish resources are desirable applications of aquaculture
technology.
``(6) The principal responsibility for the development of
aquaculture in the United States must rest with the private
sector.
``(7) Despite its potential, the development of aquaculture
in the United States has been inhibited by many scientific,
economic, legal, and production factors, such as--
``(A) inadequate credit;
``(B) limited research and development and demonstration
programs;
``(C) diffused legal jurisdiction;
``(D) inconsistent interpretations between Federal
agencies;
``(E) the lack of management information;
``(F) the lack of supportive policies of the Federal
Government;
``(G) the lack of therapeutic compounds for treatment of
the diseases of aquatic animals and plants;
``(H) the lack of reliable supplies of seed stock; and
``(I) the availability of additional species for commercial
production.
``(8) Many areas of the United States are suitable for
aquaculture, but are subject to land-use or water-use
management policies and regulations that do not adequately
consider the potential for aquaculture and may inhibit the
development of aquaculture.
``(9) In 1994, the United States ranked only ninth in the
world in aquaculture production based on total value of
products.
``(10) Despite the current and increasing importance of
private aquaculture to the United States economy and to rural
areas in the United States, Federal efforts to nurture
aquaculture development have failed to keep pace with the
needs of fish and aquatic plant farmers.
``(11) The United States has a premier opportunity to
expand existing aquaculture production and develop new
aquaculture industries to serve national needs and the global
marketplace.
``(12) United States aquaculture provides wholesome
products for domestic consumers and contributes significantly
to employment opportunities and the quality of life in rural
areas in the United States.
``(13)(A) Aquaculture is poised to become a major growth
industry of the 21st century.
``(B) With global seafood demand projected to increase 70
percent by 2025, and harvests from capture fisheries stable
or declining, aquaculture will have to increase production by
700 percent, a total of 77 million metric tons annually, to
meet that projection.
``(14)(A) In 1983, United States aquaculture production was
308,400,000 pounds with a farm gate value of $261,000,000.
``(B) In 1994, the industry produced 666,000,000 pounds
with a farm gate value of $751,000,000.
``(C) Aquaculture accounted for approximately 6 percent of
the total United States fish and shellfish harvest in 1994.
``(15)(A) In 1994, per capita consumption of aquatic foods
in the United States was 15 pounds per person per year.
``(B) Demand is projected to double by 2025.''.
(b) Purpose.--Section 2(b) of the National Aquaculture Act
of 1980 (16 U.S.C. 2801(b)) is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) establishing private aquaculture as a form of
agriculture for the purposes of programs of the
Department;'';
(2) in paragraph (3), by striking ``and'' at the end; and
(3) by inserting after paragraph (4) the following:
``(5) establishing cultivated aquatic animals, plants,
microorganisms, and their products produced by private
persons and moving in commodity channels as agricultural
livestock, crops, and commodities; and
``(6) authorizing the establishment of a National
Aquaculture Information Center within the Department to
support the United States aquaculture industry;''.
SEC. 3. DEFINITIONS.
Section 3 of the National Aquaculture Act of 1980 (16
U.S.C. 2802) is amended--
(1) in paragraph (1), by striking ``the propagation'' and
all that follows through the period at the end and inserting
``the controlled cultivation of aquatic plants, animals, and
microorganisms, except that the term does not include
private, for-profit ocean ranching of Pacific salmon in a
State in which the ranching is prohibited by law.'';
(2) in paragraph (3), by inserting before the period at the
end the following: ``or microorganism'';
(3) by redesignating paragraphs (7) through (9) as
paragraphs (9) through (11), respectively;
(4) by redesignating paragraphs (5) and (6) as paragraphs
(6) and (7), respectively;
[[Page S8268]]
(5) by inserting after paragraph (4) the following:
``(5) Department.--The term `Department' means the United
States Department of Agriculture.''; and
(6) by inserting before paragraph (9) (as redesignated by
paragraph (3)) the following:
``(8) Private aquaculture.--The term `private aquaculture'
means the controlled cultivation of aquatic plants, animals,
and microorganisms other than cultivation carried out by the
Federal Government or any State or local government.''.
SEC. 4. NATIONAL AQUACULTURE DEVELOPMENT PLAN.
Section 4 of the National Aquaculture Act of 1980 (16
U.S.C. 2803) is amended--
(1) in subsection (b)(3)(B), by adding at the end the
following: ``including the development of best management
practices for maintaining water quality,'';
(2) in subsection (e)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(7) the identification of efforts of States to improve
water quality through the development of best management
practices.''; and
(3) by adding at the end the following:
``(f) Accomplishments in Aquaculture Programs.--Not later
than December 31, 1998, the Secretary, in collaboration with
the Secretary of Commerce and the Secretary of the Interior,
shall submit to Congress a report evaluating the actions
taken in accordance with subsection (d) with respect to the
Plan, and making recommendations for updating and modifying
the Plan. The report shall also contain a compendium on
Federal regulations relating to aquaculture.''.
SEC. 5. NATIONAL AQUACULTURE INFORMATION CENTER.
Section 5 of the National Aquaculture Act of 1980 (16
U.S.C. 2804) is amended--
(1) in subsection (c)(1)(B)--
(A) by striking ``Secretary shall--'' and inserting
``Secretary--'';
(B) by redesignating clauses (ii) and (iii) as clauses
(iii) and (iv), respectively;
(C) by striking clause (i) and inserting the following:
``(i) may establish within the regional centers of
aquaculture established under section 1475(d) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3322(d)), or within the institutions
affiliated with the regional centers, a means of
electronically compiling and accessing information for the
National Aquaculture Information Center;
``(ii) may establish, within the Department, a National
Aquaculture Information Center that shall--
``(I) serve as a repository and clearinghouse for the
information collected under subparagraph (A) and other
provisions of this Act;
``(II) carry out a program to notify organizations,
institutions, and individuals known to be involved in
aquaculture of the existence of the Center and the kinds of
information that the Center can make available to the public;
and
``(III) make available, on request, information described
in subclause (I) (including information collected under
subsection (e));'';
(D) in clause (iii) (as redesignated by subparagraph (B))--
(i) by inserting ``shall'' before ``arrange''; and
(ii) by striking the comma and inserting a semicolon; and
(E) in clause (iv) (as redesignated by subparagraph (B)),
by inserting ``shall'' before ``conduct''; and
(2) in the first sentence of subsection (d), by striking
``Interior,,'' and inserting ``Interior,''.
SEC. 6. COORDINATION WITH THE AQUACULTURE INDUSTRY.
Section 6(b) of the National Aquaculture Act of 1980 (16
U.S.C. 2805(b)) is amended--
(1) in paragraph (4), by inserting before the semicolon at
the end the following: ``, including information on best
management practices for maintaining water quality'';
(2) in paragraph (5), by striking ``and'' at the end;
(3) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(7) facilitate improved communication and interaction
among aquaculture producers, the aquaculture community, the
Federal Government, and the coordinating group, establish a
working relationship with national organizations, commodity
associations, and professional societies representing
aquaculture interests.''.
SEC. 7. AQUACULTURE COMMERCIALIZATION RESEARCH.
The National Aquaculture Act of 1980 (16 U.S.C. 2801 et
seq.) is amended--
(1) by redesignating sections 7 through 11 as sections 9
through 13, respectively; and
(2) by inserting after section 6 the following:
``SEC. 7. AQUACULTURE COMMERCIALIZATION RESEARCH.
``(a) Assistance and Coordination.--
``(1) In general.--The Secretary may make grants and enter
into contracts with any person or governmental agency to
support the market development and commercialization of
aquaculture research and technology that--
``(A) demonstrates strong potential for accelerating the
transfer to the marketplace of aquaculture products,
processes, and technologies that can improve profitability,
production, efficiency, and sustainability of existing and
emerging aquaculture sectors;
``(B) will help the United States aquaculture industry to
be more competitive in the global marketplace; and
``(C) will facilitate the commercialization of promising
research and technologies deriving from existing aquaculture
research programs.
``(2) Cost share.--
``(A) Federal share.--Except as provided in subparagraph
(B), the Federal share of the cost of a grant or contract
under this section shall be 80 percent.
``(B) Remaining share.--The remaining share of the cost of
a grant or contract under this section may be--
``(i) in the form of cash or in-kind payments; and
``(ii) partially comprised of funds made available under
other Federal programs, except that the non-Federal share may
not be less than 10 percent of the cost of the grant or
contract.
``(b) Priorities.--In making grants or awarding contracts
under subsection (a), the Secretary shall give a higher
priority to--
``(1) highly focused, applied aquaculture research;
``(2) investigations of new aquaculture products or
processes that demonstrate a high potential for
commercialization;
``(3) market development programs for new or improved
aquaculture products or processes;
``(4) activities that have a strong potential to create
employment opportunities involving aquaculture;
``(5) other activities that accelerate the
commercialization of promising aquaculture technologies;
``(6) the extent to which the proposal promotes sustainable
aquaculture development; and
``(7) the extent to which the proposal includes
participation with a private aquaculture farm or business
that supplies products or services that are necessary for
aquaculture farming.
``(c) Competitive Review.--
``(1) In general.--To be eligible to receive a grant or
enter into a contract under subsection (a), a proposal shall
be competitively reviewed under procedures established by the
Secretary.
``(2) Competitive review panels.--A competitive review
panel shall be composed of individuals appointed by the
Secretary, at least 50 percent of whom work in private
aquaculture or have a demonstrated competence to objectively
evaluate the likelihood of a proposal being economically
successful or promoting economic success within the
aquaculture industry.
``(3) Evaluation.--The competitive review shall be based on
an evaluation of--
``(A) the quality of the proposal and the research
methodology;
``(B) the capability of the participating organization to
perform the proposed work;
``(C) the amount of matching funds provided by the
participating organization or obtained from non-Federal
sources;
``(D) in the case of a noncommercial entity, the existence
of a cooperative arrangement with a commercial entity; and
``(E) such other factors as the Secretary determines to be
appropriate.
``(d) Limitations.--
``(1) Regional aquaculture centers.--Not less than 40
percent of the amounts made available to carry out this
section for a fiscal year shall be used to carry out projects
that will facilitate the commercialization of research or
investigations funded or coordinated by regional aquaculture
centers established under section 1475(d) of the National
Agricultural Research, Extension, and Teaching Policy Act of
1977 (7 U.S.C. 3322(d)).
``(2) Administrative expenses.--Not more than 3 percent of
the amounts made available to carry out this section for a
fiscal year may be used by the Secretary to pay the expenses
of administration and information collection and
dissemination.
``(3) Construction costs.--None of the funds made available
under this section may be used for the construction of a new
building or the acquisition, expansion, remodeling, or
alteration of an existing building (including site grading
and improvement and architect fees).
``(e) Reports.--An eligible entity that receives a grant or
enters into a contract with respect to a project carried out
under this section shall submit an annual progress report,
and a final report, to the Secretary that describes project
activities and commercial and economic accomplishments and
impacts.
``(f) Applicability of the Federal Advisory Committee
Act.--The Federal Advisory Committee Act (5 U.S.C. App.) and
title XVIII of the Food and Agriculture Act of 1977 (7 U.S.C.
2281 et seq.) shall not apply to a panel or board created
solely for the purpose of reviewing applications or proposals
submitted under this section.''.
SEC. 8. NATIONAL POLICY FOR PRIVATE AQUACULTURE.
The National Aquaculture Act of 1980 (16 U.S.C. 2801 et
seq.) is amended by inserting after section 7 (as added by
section 7(2)) the following:
``SEC. 8. NATIONAL POLICY FOR PRIVATE AQUACULTURE.
``(a) Requirement.--In collaboration with the Secretary of
Commerce and the Secretary of the Interior, the Secretary
shall coordinate and implement a national policy for
[[Page S8269]]
private aquaculture in accordance with this section.
``(b) Department of Agriculture Aquaculture Plan.--
``(1) In general.--The Secretary shall develop and
implement a Department of Agriculture Aquaculture Plan
(referred to in this section as the `Department Plan') for a
unified aquaculture program of the Department to support the
development of private aquaculture.
``(2) Elements.--The Department Plan shall address--
``(A) programs of individual agencies of the Department
related to aquaculture that are consistent with Department
programs applied to other areas of agriculture, including
livestock, crops, products, and commodities under the
jurisdiction of agencies of the Department;
``(B) the treatment of commercially cultivated aquatic
animals as livestock and commercially cultivated aquatic
plants as agricultural crops; and
``(C) means for effective coordination and implementation
of aquaculture activities and programs within the Department,
including individual agency commitments of personnel and
resources.
``(c) National Aquaculture Information Center.--In carrying
out section 5, the Secretary may maintain and support a
National Aquaculture Information Center at the National
Agricultural Library as a repository for information on
national and international aquaculture.
``(d) Treatment of Aquaculture.--The Secretary shall
treat--
``(1) private aquaculture as agriculture for the purpose of
programs of the Department; and
``(2) commercially cultivated aquatic animals, plants, and
microorganisms, and products of the animals, plants, and
microorganisms, produced by private persons and transported
or moved in standard commodity channels as agricultural
livestock, crops, and commodities, respectively.
``(e) Private Aquaculture Policy Coordination, Development,
and Implementation.--
``(1) Responsibility.--The Secretary shall coordinate,
develop, and carry out policy and programs of the Department
related to private aquaculture.
``(2) Duties.--The Secretary shall--
``(A) coordinate all intradepartmental functions and
activities of the Department relating to private aquaculture;
and
``(B) establish procedures for the coordination of
functions, and consultation with, the coordinating group.''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 12 of the National Aquaculture Act
of 1980 (as redesignated by section 7(1)) is amended by
striking the first sentence and inserting the following:
``There is authorized to be appropriated to carry out this
Act (including the functions of the Joint Subcommittee on
Aquaculture established under section 6(a)) $3,000,000 for
each of fiscal years 1998 through 2002.''.
(b) Effective Date.--The amendment made by subsection (a)
take effect on October 1, 1997.
SEC. 10. ELIGIBILITY OF AQUACULTURE FARMERS FOR FARM CREDIT
ASSISTANCE.
Section 343(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1991(a)) is amended by striking
``fish farming'' both places it appears in paragraphs (1) and
(2) and inserting ``aquaculture (as defined in section 3 of
the National Aquaculture Act of 1980 (16 U.S.C. 2802))''.
SEC. 11. INTERNATIONAL AQUACULTURE INFORMATION AND DATA
COLLECTION.
(a) In General.--Section 502 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5692) is amended by adding at the end the
following:
``(d) International Aquaculture Information and Data
Collection.--
``(1) In general.--The Secretary is authorized to establish
and carry out a program of data collection, analysis, and
dissemination of information to provide continuing and timely
economic information concerning international aquaculture
production.
``(2) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with the Joint Subcommittee on
Aquaculture established under section 6(a) of the National
Aquaculture Act of 1980 (16 U.S.C. 2805(a)), and
representatives of the United States aquaculture industry,
concerning means of effectively providing data described in
paragraph (1) to the Joint Subcommittee and the industry.''.
(b) Effective Date.--The amendment made by subsection (a)
take effect on October 1, 1997.
SEC. 12. AQUACULTURE INFORMATION NETWORK REPORT.
Not later than 180 days after the date of enactment of this
Act, the Secretary of Agriculture shall report to Congress on
the feasibility of expanding current information systems at
regional aquaculture centers established by the Secretary
under section 1475(d) of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C.
3322(d)), universities, research institutions, and the
Agricultural Research Service to permit an on-line link
between those entities for the sharing of data, publication,
and technical assistance information involving aquaculture.
SEC. 13. IMPLEMENTATION REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Agriculture shall
report to Congress on the progress made in carrying out this
Act and the amendments made by this Act with respect to
policies and programs of the Department of Agriculture.
(b) Contents.--The report required by subsection (a) shall
include--
(1) a description of all programs and activities of the
Department of Agriculture and all other agencies and
Departments in support of private aquaculture;
(2) the specific authorities for the activities described
in paragraph (1); and
(3) recommendations for such actions as the Secretary of
Agriculture determines are necessary to improve recognition
and support of private aquaculture in each agency of the
Department of Agriculture.
Mr. CRAIG. Mr. President, I rise today to join my colleagues and
friend from Hawaii, Senator Akaka, in the introduction of the National
Aquaculture Development, Research, and Promotion Act of 1997.
This important piece of legislation is designed to help make the
United States competitive in the expanding world market for aquaculture
products. The United States is poised to become the world leader in
aquaculture, yet it remains far beyond other nations, including many
with fewer resources and less developed infrastructure.
Already there are more than 1,000 Idahoans whose jobs are either
directly or indirectly connected to aquaculture. They represent a $92
million industry for my home State: An industry committed to a cleaner
environment, a safer food supply, and community development.
However, much more lies ahead of us if the United States is to become
a world leader in this growing industry. Despite recent growth,
America's annual trade deficit in seafood remains stable at
approximately $3 billion--a reduction of which could mean a stronger
domestic industry, more jobs, and less dependency on others for our
food supply.
Mr. President, it is for these reasons I am pleased to join my
colleague in introducing this measure today.
______
By Mr. LEAHY (for himself and Mr. Kennedy):
S. 1081. A bill to enhance the rights and protections for victims of
crime; to the Committee on the Judiciary.
The Crime Victims Assistance Act
Mr. LEAHY. Madam President, during National Crime Victim Rights Week,
I said that it was important to focus attention on the needs and rights
of crime victims not just during that week of special ceremonies, but
throughout the year. I am, therefore, pleased to have this opportunity
to introduce legislation with my good friend from Massachusetts,
Senator Kennedy. Our Crime Victims Assistance Act represents the next
step in our continuing efforts to afford dignity and recognition to
victims of crime.
My involvement with crime victims began more than three decades ago
when I served as State's attorney for Chittenden County, VT, and
witnessed first hand the devastation of crime. I have worked ever since
to ensure that the criminal justice system is one that respects the
rights and dignity of victims of crime, rather than one that presents
additional ordeals for those already victimized.
I am proud that Congress has been a significant part of the solution
to provide victims with greater rights and assistance. Over the past 15
years, Congress has passed several bills to this end. These bills have
included:
The Victims and Witness Protection Act of 1982; The Victims of Crime
Act of 1984; The Victims' Bill of Rights of 1990; The 1994 Violent
Crime Control and Law Enforcement Act; and The Justice for Victims of
Terrorism Act of 1996.
Just this March, Congress passed the Victim Rights Clarification Act
of 1997, which I cosponsored with Senators Nickles, Inhofe and Hatch.
That legislation reversed a presumption against crime victims observing
the fact phase of a trial if they were likely to provide testimony
during the sentencing phase of that trial.
As a result of that legislation, not only were victims of the
Oklahoma City bombing able to observe the trial of Timothy McVeigh, all
those who were able to witness the trial and were called as witnesses
to provide victim impact testimony at the sentencing phase of that
trial were able to do so.
Also, on the first day of this session, we introduced S.15, a youth
crime bill. In that legislation, which we have identified as a
legislative priority for the entire Democratic caucus, we included
provisions for victims of juvenile crime
[[Page S8270]]
so that their rights to appear, to be heard, and to be informed would
be protected. Those provisions have now been incorporated in the
juvenile crime bill ordered reported by the Judiciary Committee last
week along with added protections against witness intimidation.
The legislation that we introduce today, the Crime Victims Assistance
Act, builds upon this progress. It provides for a wholesale reform of
the Federal rules and Federal law to establish additional rights and
protections for victims of federal crime. Particularly, the legislation
would provide crime victims with an enhanced: right to be heard on the
issue of pretrial detention; right to be heard on plea bargains; right
to a speedy trial; right to be present in the courtroom throughout a
trial; right to give a statement at sentencing; right to be heard on
probation revocation; and
Right to be notified of a defendant's escape or release from prison.
The legislation goes further than other victims rights proposals that
are currently before Congress by including: Enhanced penalties for
witness intimidation; an increase in Federal victim assistance
personnel; enhanced training for State and local law enforcement and
officers of the court; the development of state-of-the-art systems for
notifying victims of important dates and developments in their cases;
and the establishment of ombudsman programs for crime victims.
These are all matters that can be considered and enacted this year
with a simple majority of both Houses of Congress. They need not
overcome the delay and higher standards necessitated by proposing to
amend the Constitution. They need not wait the hammering out of
implementing legislation before making a difference in the lives of
crime victims.
I look forward to continuing to work with the administration, victims
groups, prosecutors, judges, and other interested parties on how we can
most effectively enhance the rights of victims of crime. Congress and
State legislatures have become more sensitive to crime victims rights
over the past 20 years and we have a golden opportunity to make
additional, significant progress this year to provide the greater voice
and rights that crime victims deserve.
In my State, Vermont, there are many individuals who have made a
difference by dedicating themselves to serving the needs of crime
victims. Individuals, such as Lori Hayes from the Vermont Center for
Crime Victims Services, have joined in leading the Nation on issues
pertaining to crime victims. I congratulate Lori on the results of the
Justice Department's recent site visit of Vermont's Victims of Crime
Act programs. The Justice Department concluded that
Vermont's programs are setting the standard for outreach to
under served populations and service coordination among
providers and allied professionals * * * Other States
interested in improving their services and advocacy for crime
victims would do well to study the model created by Lori
Hayes, her staff, and other victims advocates in Vermont.
Without the commitment of people like Lori, we would not be making
the progress that we are.
I would like to acknowledge several others who have been extremely
helpful with regards to the legislation that we are introducing today:
The Office for Victims of Crime at the Justice Department, the National
Network to End Domestic Violence, the NOW Legal Defense Fund, the
National Clearinghouse for the Defense of Battered Women, Professor
Lynne Henderson from Indiana Law School, the National Organization for
Victim Assistance, Roger Pilon, Director of the Center for
Constitutional Studies at the Cato Institute, the National Victim
Center, and many others.
While we have greatly improved our crime victims assistance programs
and made advances in recognizing crime victims rights, we still have
more to do. That is why it is my hope that Democrats and Republicans,
supporters and opponents of a constitutional amendment on this issue
will join Senator Kennedy and me in advancing this important
legislation through Congress. We can make a difference in the lives of
crime victims right now, and I hope Congress will make it a top
priority and pass the Crime Victims Assistance Act before the end of
the year.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
S. 1081
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Crime
Victims Assistance Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--VICTIM RIGHTS
Subtitle A--Amendments to Title 18, United States Code
Sec. 101. Right to be notified of detention hearing and right to be
heard on the issue of detention.
Sec. 102. Right to a speedy trial and prompt disposition free from
unreasonable delay.
Sec. 103. Enhanced right to order of restitution.
Sec. 104. Enhanced right to be notified of escape or release from
prison.
Sec. 105. Enhanced penalties for witness tampering.
Subtitle B--Amendments to Federal Rules of Criminal Procedure
Sec. 121. Right to be notified of plea agreement and to be heard on
merits of the plea agreement.
Sec. 122. Enhanced rights of notification and allocution at sentencing.
Sec. 123. Rights of notification and allocution at a probation
revocation hearing.
Subtitle C--Amendment to Federal Rules of Evidence
Sec. 131. Enhanced right to be present at trial.
Subtitle D--Remedies for Noncompliance
Sec. 141. Remedies for noncompliance.
TITLE II--VICTIM ASSISTANCE INITIATIVES
Sec. 201. Increase in victim assistance personnel.
Sec. 202. Increased training for State and local law enforcement, State
court personnel, and officers of the court to respond
effectively to the needs of victims of crime.
Sec. 203. Increased resources for State and local law enforcement
agencies, courts, and prosecutors' offices to develop
state-of-the-art systems for notifying victims of crime
of important dates and developments.
Sec. 204. Pilot programs to establish ombudsman programs for crime
victims.
Sec. 205. Amendments to Victims of Crime Act of 1984.
Sec. 206. Technical correction.
Sec. 207. Services for victims of crime and domestic violence.
Sec. 208. Pilot program to study effectiveness of restorative justice
approach on behalf of victims of crime.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``Attorney General'' means the Attorney
General of the United States;
(2) the term ``bodily injury'' has the meaning given that
term in section 1365(g) of title 18, United States Code;
(3) the term ``Commission'' means the Commission on
Victims' Rights established under section 204;
(4) the term ``Indian tribe'' has the same meaning as in
section 4(e) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(e));
(5) the term ``Judicial Conference'' means the Judicial
Conference of the United States established under section 331
of title 28, United States Code;
(6) the term ``law enforcement officer'' means an
individual authorized by law to engage in or supervise the
prevention, detection, investigation, or prosecution of any
violation of law, and includes corrections, probation,
parole, and judicial officers;
(7) the term ``Office of Victims of Crime'' means the
Office of Victims of Crime of the Department of Justice;
(8) the term ``State'' means each of the several States of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands;
(9) the term ``unit of local government'' means any--
(A) city, county, township, town, borough, parish, village,
or other general purpose political subdivision of a State; or
(B) Indian tribe;
(10) the term ``victim''--
(A) means an individual harmed as a result of a commission
of an offense; and
(B) in the case of a victim who is less than 18 years of
age, incompetent, incapacitated, or deceased--
(i) the legal guardian of the victim;
(ii) a representative of the estate of the victim;
(iii) a member of the family of the victim; or
(iv) any other person appointed by the court to represent
the victim, except that in no event shall a defendant be
appointed as the representative or guardian of the victim;
and
[[Page S8271]]
(11) the term ``qualified private entity'' means a private
entity that meets such requirements as the Attorney General
may establish.
TITLE I--VICTIM RIGHTS
Subtitle A--Amendments to Title 18, United States Code
SEC. 101. RIGHT TO BE NOTIFIED OF DETENTION HEARING AND RIGHT
TO BE HEARD ON THE ISSUE OF DETENTION.
Section 3142 of title 18, United States Code, is amended by
adding at the end the following:
``(k) Notification of Right To Be Heard.--
``(1) In general.--In any case involving a defendant who is
arrested for an offense involving death or bodily injury to
any person, a threat of death or bodily injury to any person,
a sexual assault, or an attempted sexual assault, in which a
detention hearing is scheduled pursuant to subsection (f)--
``(A) the Government shall make a reasonable effort to
notify the victim of the hearing, and of the right of the
victim to be heard on the issue of detention; and
``(B) at the hearing under subsection (f), the court shall
inquire of the Government as to whether the efforts at
notification of the victim under subparagraph (A) were
successful and, if so, whether the victim wishes to be heard
on the issue of detention and, if so, shall afford the victim
such an opportunity.
``(2) Limitation.--Upon motion of either party that
identification of the defendant by the victim is a fact in
dispute, and that no means of verification has been
attempted, the Court shall use appropriate measures to
protect integrity of the identification process.
``(3) Address.--With respect to any case described in
paragraph (1), the victim shall notify the appropriate
authority of an address to which notification under this
subsection may be sent.
``(4) Definition of victim.--In this subsection, the term
`victim' means any individual against whom an offense
involving death or bodily injury to any person, a threat of
death or bodily injury to any person, a sexual assault, or an
attempted sexual assault, has been committed and also
includes the parent or legal guardian of a victim who is less
than 18 years of age, or incompetent, or 1 or more family
members designated by the court if the victim is deceased or
incapacitated.''.
SEC. 102. RIGHT TO A SPEEDY TRIAL AND PROMPT DISPOSITION FREE
FROM UNREASONABLE DELAY.
Section 3161(h)(8)(B) of title 18, United States Code, is
amended by adding at the end the following:
``(v) The interests of the victim (or the family of a
victim who is deceased or incapacitated) in the prompt and
appropriate disposition of the case, free from unreasonable
delay.''.
SEC. 103. ENHANCED RIGHT TO ORDER OF RESTITUTION.
Section 3664(d)(2)(A)(iv) of title 18, United States Code,
is amended by inserting ``, and the right of the victim (or
the family of a victim who is deceased or incapacitated) to
attend the sentencing hearing and to make a statement to the
court at the sentencing hearing'' before the semicolon.
SEC. 104. ENHANCED RIGHT TO BE NOTIFIED OF ESCAPE OR RELEASE
FROM PRISON.
Section 503(c)(5)(B) of the Victims' Rights and Restitution
Act of 1990 (42 U.S.C. 10607(c)(5)(B)) is amended by
inserting after ``offender'' the following: ``, including
escape, work release, furlough, or any other form of release
from a psychiatric institution or other facility that
provides mental health services to offenders''.
SEC. 105. ENHANCED PENALTIES FOR WITNESS TAMPERING.
Section 1512 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``as provided in
paragraph (2)'' and inserting ``as provided in paragraph
(3)'';
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) Whoever uses physical force or the threat of physical
force, or attempts to do so, with intent to--
``(A) influence, delay, or prevent the testimony of any
person in an official proceeding;
``(B) cause or induce any person to--
``(i) withhold testimony, or withhold a record, document,
or other object, from an official proceeding;
``(ii) alter, destroy, mutilate, or conceal an object with
intent to impair the object's integrity or availability for
use in an official proceeding;
``(iii) evade legal process summoning that person to appear
as a witness, or to produce a record, document, or other
object, in an official proceeding; and
``(iv) be absent from an official proceeding to which such
person has been summoned by legal process; or
``(C) hinder, delay, or prevent the communication to a law
enforcement officer or judge of the United States of
information relating to the commission or possible commission
of a Federal offense or a violation of conditions of
probation, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).''; and
(D) in paragraph (3)(B), as redesignated, by striking ``in
the case of'' and all that follows before the period and
inserting ``an attempt to murder, the use of physical force,
the threat of physical force, or an attempt to do so,
imprisonment for not more than 20 years''; and
(2) in subsection (b), by striking ``or physical force''.
Subtitle B--Amendments to Federal Rules of Criminal Procedure
SEC. 121. RIGHT TO BE NOTIFIED OF PLEA AGREEMENT AND TO BE
HEARD ON MERITS OF THE PLEA AGREEMENT.
(a) In General.--Rule 11 of the Federal Rules of Criminal
Procedure is amended by adding at the end the following:
``(i) Rights of Victims.--
``(1) In general.--In any case involving a defendant who is
charged with an offense involving death or bodily injury to
any person, a threat of death or bodily injury to any person,
a sexual assault, or an attempted sexual assault--
``(A) the Government, prior to a hearing at which a plea of
guilty or nolo contendere is entered, shall make a reasonable
effort to notify the victim of--
``(i) the date and time of the hearing; and
``(ii) the right of the victim to attend the hearing and to
address the court; and
``(B) if the victim attends a hearing described in
subparagraph (A), the court, before accepting a plea of
guilty or nolo contendere, shall afford the victim an
opportunity to be heard on the proposed plea agreement.
``(2) Address.--With respect to any case described in
paragraph (1), the victim shall notify the appropriate
authority of an address to which notification under this
subsection may be sent.
``(3) Definition of victim.--In this subsection, the term
`victim' means any individual against whom an offense
involving death or bodily injury to any person, a threat of
death or bodily injury to any person, a sexual assault, or an
attempted sexual assault, has been committed and also
includes the parent or legal guardian of a victim who is less
than 18 years of age, or incompetent, or 1 or more family
members designated by the court if the victim is deceased or
incapacitated.
``(4) Mass victim cases.--In any case involving more than
15 victims, the court, after consultation with the Government
and the victims, may appoint a number of victims to serve as
representatives of the victims' interests.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
become effective as provided in paragraph (3).
(2) Action by judicial conference.--
(A) Recommendations.--Not later than 180 days after the
date of enactment of this Act, the Judicial Conference shall
submit to Congress a report containing recommendations for
amending the Federal Rules of Criminal Procedure to provide
enhanced opportunities for victims of offenses involving
death or bodily injury to any person, the threat of death or
bodily injury to any person, a sexual assault, or an
attempted sexual assault, to be heard on the issue of whether
or not the court should accept a plea of guilty or nolo
contendere.
(B) Inapplicability of other law.--Chapter 131 of title 28,
United States Code, does not apply to any recommendation made
by the Judicial Conference under this paragraph.
(3) Congressional action.--Except as otherwise provided by
law, if the Judicial Conference--
(A) submits a report in accordance with paragraph (2)
containing recommendations described in that paragraph, and
those recommendations are the same as the amendment made by
subsection (a), then the amendment made by subsection (a)
shall become effective 30 days after the date on which the
recommendations are submitted to Congress under paragraph
(2);
(B) submits a report in accordance with paragraph (2)
containing recommendations described in that paragraph, and
those recommendations are different in any respect from the
amendment made by subsection (a), the recommendations made
pursuant to paragraph (2) shall become effective 180 days
after the date on which the recommendations are submitted to
Congress under paragraph (2), unless an Act of Congress is
passed overturning the recommendations; and
(C) fails to comply with paragraph (2), the amendment made
by subsection (a) shall become effective 360 days after the
date of enactment of this Act.
(4) Application.--Any amendment made pursuant to this
section (including any amendment made pursuant to the
recommendations of the United States Sentencing Commission
under paragraph (2)) shall apply in any proceeding commenced
on or after the effective date of the amendment.
SEC. 122. ENHANCED RIGHTS OF NOTIFICATION AND ALLOCUTION AT
SENTENCING.
(a) In General.--Rule 32 of the Federal Rules of Criminal
Procedure is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking subparagraph (D) and
inserting the following:
``(D) a victim impact statement, identifying, to the
maximum extent practicable--
``(i) each victim of the offense (except that such
identification shall not include information relating to any
telephone number, place of employment, or residential address
of any victim);
``(ii) an itemized account of any economic loss suffered by
each victim as a result of the offense;
[[Page S8272]]
``(iii) any physical injury suffered by each victim as a
result of the offense, along with its seriousness and
permanence;
``(iv) a description of any change in the personal welfare
or familial relationships of each victim as a result of the
offense; and
``(v) a description of the impact of the offense upon each
victim and the recommendation of each victim regarding an
appropriate sanction for the defendant;''; and
(B) by adding at the end the following:
``(7) Victim impact statements.--
``(A) In general.--Any probation officer preparing a
presentence report shall--
``(i) make a reasonable effort to notify each victim of the
offense that such a report is being prepared and the purpose
of such report; and
``(ii) provide the victim with an opportunity to submit an
oral or written statement, or a statement on audio or
videotape outlining the impact of the offense upon the
victim.
``(B) Use of statements.--Any written statement submitted
by a victim under subparagraph (A) shall be attached to the
presentence report and shall be provided to the sentencing
court and to the parties.'';
(2) in subsection (c)(1), by adding at the end the
following: ``Before sentencing in any case in which a
defendant has been charged with or found guilty of an offense
involving death or bodily injury to any person, a threat of
death or bodily injury to any person, a sexual assault, or an
attempted sexual assault, the Government shall make a
reasonable effort to notify the victim (or the family of a
victim who is deceased) of the time and place of sentencing
and of their right to attend and to be heard.''; and
(3) in subsection (f), by inserting ``the right to
notification and to submit a statement under subdivision
(b)(7), the right to notification and to be heard under
subdivision (c)(1), and'' before ``the right of allocution''.
(b) Effective Date.--
(1) In general.--The amendments made by subsection (a)
shall become effective as provided in paragraph (3).
(2) Action by judicial conference.--
(A) Recommendations.--Not later than 180 days after the
date of enactment of this Act, the Judicial Conference shall
submit to Congress a report containing recommendations for
amending the Federal Rules of Criminal Procedure to provide
enhanced opportunities for victims of offenses involving
death or bodily injury to any person, the threat of death or
bodily injury to any person, a sexual assault, or an
attempted sexual assault, to participate during the
presentencing phase of the criminal process.
(B) Inapplicability of other law.--Chapter 131 of title 28,
United States Code, does not apply to any recommendation made
by the Judicial Conference under this paragraph.
(3) Congressional action.--Except as otherwise provided by
law, if the Judicial Conference--
(A) submits a report in accordance with paragraph (2)
containing recommendations described in that paragraph, and
those recommendations are the same as the amendments made by
subsection (a), then the amendments made by subsection (a)
shall become effective 30 days after the date on which the
recommendations are submitted to Congress under paragraph
(2);
(B) submits a report in accordance with paragraph (2)
containing recommendations described in that paragraph, and
those recommendations are different in any respect from the
amendments made by subsection (a), the recommendations made
pursuant to paragraph (2) shall become effective 180 days
after the date on which the recommendations are submitted to
Congress under paragraph (2), unless an Act of Congress is
passed overturning the recommendations; and
(C) fails to comply with paragraph (2), the amendments made
by subsection (a) shall become effective 360 days after the
date of enactment of this Act.
(4) Application.--Any amendment made pursuant to this
section (including any amendment made pursuant to the
recommendations of the United States Sentencing Commission
under paragraph (2)) shall apply in any proceeding commenced
on or after the effective date of the amendment.
SEC. 123. RIGHTS OF NOTIFICATION AND ALLOCUTION AT A
PROBATION REVOCATION HEARING.
(a) In General.--Rule 32.1 of the Federal Rules of Criminal
Procedure is amended by adding at the end the following:
``(d) Rights of Victims.--
``(1) In general.--At any hearing pursuant to subsection
(a)(2) involving one or more persons who have been convicted
of an offense involving death or bodily injury to any person,
a threat of death or bodily injury to any person, a sexual
assault, or an attempted sexual assault, the Government shall
make reasonable effort to notify the victim of the offense
(and the victim of any new charges giving rise to the
hearings), of--
``(A) the date and time of the hearing; and
``(B) the right of the victim to attend the hearing and to
address the court regarding whether the terms or conditions
of probation or supervised release should be modified.
``(2) Duties of court at hearing.--At any hearing described
in paragraph (1) at which a victim is present, the court
shall--
``(A) address each victim personally; and
``(B) afford the victim an opportunity to be heard on the
proposed terms or conditions of probation or supervised
release.
``(3) Address.--In any case described in paragraph (1), the
victim shall notify the appropriate authority of an address
to which notification under this paragraph may be sent.
``(4) Definition of victim.--In this rule, the term
`victim' means any individual against whom an offense
involving death or bodily injury to any person, a threat of
death or bodily injury to any person, a sexual assault, or an
attempted sexual assault, has been committed and a hearing
pursuant to subsection (a)(2) is conducted, including--
``(A) a parent or legal guardian of the victim, if the
victim is less than 18 years of age or is incompetent; or
``(B) 1 or more family members or relatives of the victim
designated by the court, if the victim is deceased or
incapacitated.''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
become effective as provided in paragraph (3).
(2) Action by judicial conference.--
(A) Recommendations.--Not later than 180 days after the
date of enactment of this Act, the Judicial Conference shall
submit to Congress a report containing recommendations for
amending the Federal Rules of Criminal Procedure to ensure
that reasonable efforts are made to notify victims of
offenses involving death or bodily injury to any person, or
the threat of death or bodily injury to any person, of any
revocation hearing held pursuant to rule 32.1(a)(2) of the
Federal Rules of Criminal Procedure.
(B) Inapplicability of other law.--Chapter 131 of title 28,
United States Code, does not apply to any recommendation made
by the Judicial Conference under this paragraph.
(3) Congressional action.--Except as otherwise provided by
law, if the Judicial Conference--
(A) submits a report in accordance with paragraph (2)
containing recommendations described in that paragraph, and
those recommendations are the same as the amendment made by
subsection (a), then the amendment made by subsection (a)
shall become effective 30 days after the date on which the
recommendations are submitted to Congress under paragraph
(2);
(B) submits a report in accordance with paragraph (2)
containing recommendations described in that paragraph, and
those recommendations are different in any respect from the
amendment made by subsection (a), the recommendations made
pursuant to paragraph (2) shall become effective 180 days
after the date on which the recommendations are submitted to
Congress under paragraph (2), unless an Act of Congress is
passed overturning the recommendations; and
(C) fails to comply with paragraph (2), the amendment made
by subsection (a) shall become effective 360 days after the
date of enactment of this Act.
(4) Application.--Any amendment made pursuant to this
section (including any amendment made pursuant to the
recommendations of the United States Sentencing Commission
under paragraph (2)) shall apply in any proceeding commenced
on or after the effective date of the amendment.
Subtitle C--Amendment to Federal Rules of Evidence
SEC. 131. ENHANCED RIGHT TO BE PRESENT AT TRIAL.
(a) In General.--Rule 615 of the Federal Rules of Evidence
is amended--
(1) by striking ``At the request'' and inserting the
following:
``(a) In General.--Except as provided in subsection (b), at
the request'';
(2) by striking ``This rule'' and inserting the following:
``(b) Exceptions.--Subsection (a)'';
(3) by striking ``exclusion of (1) a party'' and inserting
the following: ``exclusion of--
``(1) a party'';
(4) by striking ``person, or (2) an officer'' and inserting
the following: ``person;
``(2) an officer'';
(5) by striking ``attorney, or (3) a person'' and inserting
the following: ``attorney;
``(3) a person'';
(6) by striking the period at the end and inserting ``;
or''; and
(7) by adding at the end the following:
``(4) a person who is a victim (or a member of the
immediate family of a victim who is deceased or
incapacitated) of an offense involving death or bodily injury
to any person, a threat of death or bodily injury to any
person, a sexual assault, or an attempted sexual assault, for
which a defendant is being tried in a criminal trial, unless
the court concludes that--
``(A) the testimony of the person will be materially
affected by hearing the testimony of other witnesses, and the
material effect of hearing the testimony of other witnesses
on the testimony of that person will result in unfair
prejudice to any party; or
``(B) due to the large number of victims or family members
of victims who may be called as witnesses, permitting
attendance in the courtroom itself when testimony is being
heard is not feasible.
``(c) Discretion of Court; Effect on Other Law.--Nothing in
subsection (b)(4) shall be construed--
``(1) to limit the ability of a court to exclude a witness,
if the court determines that such action is necessary to
maintain order during a court proceeding; or
``(2) to limit or otherwise affect the ability of a witness
to be present during court proceedings pursuant to section
3510 of title 18, United States Code.''.
(b) Effective Date.--
[[Page S8273]]
(1) In general.--The amendments made by subsection (a)
shall become effective as provided in paragraph (3).
(2) Action by judicial conference.--
(A) Recommendations.--Not later than 180 days after the
date of enactment of this Act, the Judicial Conference shall
submit to Congress a report containing recommendations for
amending the Federal Rules of Evidence to provide enhanced
opportunities for victims of offenses involving death or
bodily injury to any person, or the threat of death or bodily
injury to any person, to attend judicial proceedings, even if
they may testify as a witness at the proceeding.
(B) Inapplicability of other law.--Chapter 131 of title 28,
United States Code, does not apply to any recommendation made
by the Judicial Conference under this paragraph.
(3) Congressional action.--Except as otherwise provided by
law, if the Judicial Conference--
(A) submits a report in accordance with paragraph (2)
containing recommendations described in that paragraph, and
those recommendations are the same as the amendments made by
subsection (a), then the amendments made by subsection (a)
shall become effective 30 days after the date on which the
recommendations are submitted to Congress under paragraph
(2);
(B) submits a report in accordance with paragraph (2)
containing recommendations described in that paragraph, and
those recommendations are different in any respect from the
amendments made by subsection (a), the recommendations made
pursuant to paragraph (2) shall become effective 180 days
after the date on which the recommendations are submitted to
Congress under paragraph (2), unless an Act of Congress is
passed overturning the recommendations; and
(C) fails to comply with paragraph (2), the amendments made
by subsection (a) shall become effective 360 days after the
date of enactment of this Act.
(4) Application.--Any amendment made pursuant to this
section (including any amendment made pursuant to the
recommendations of the United States Sentencing Commission
under paragraph (2)) shall apply in any proceeding commenced
on or after the effective date of the amendment.
Subtitle D--Remedies for Noncompliance
SEC. 141. REMEDIES FOR NONCOMPLIANCE.
(a) General Limitation.--Any failure to comply with any
amendment made by this Act shall not give rise to a claim for
damages, or any other action against the United States, or
any employee of the United States, any court official or
officer of the court, or an entity contracting with the
United States, or any action seeking a rehearing or other
reconsideration of action taken in connection with a
defendant.
(b) Regulations To Ensure Compliance.--
(1) In general.--Notwithstanding subsection (a), not later
than 1 year after the date of enactment of this Act, the
Attorney General and the Chairman of the United States Parole
Commission shall promulgate regulations to implement and
enforce the amendments made by this title.
(2) Contents.--The regulations promulgated under paragraph
(1) shall--
(A) contain disciplinary sanctions, including suspension or
termination from employment, for employees of the Department
of Justice (including employees of the United States Parole
Commission) who willfully or repeatedly violate the
amendments made by this title, or willfully or repeatedly
refuse or fail to comply with provisions of Federal law
pertaining to the treatment of victims of crime;
(B) include an administrative procedure through which
parties can file formal complaints with the Department of
Justice alleging violations of the amendments made by this
title;
(C) provide that a complainant is prohibited from
recovering monetary damages against the United States, or any
employee of the United States, either in his official or
personal capacity; and
(D) provide that the Attorney General, or the designee of
the Attorney General, shall the ultimate arbiter of the
complaint, and there shall be no judicial review of the final
decision of the Attorney General by a complainant.
TITLE II--VICTIM ASSISTANCE INITIATIVES
SEC. 201. INCREASE IN VICTIM ASSISTANCE PERSONNEL.
There are authorized to be appropriated such sums as may be
necessary to enable the Attorney General to--
(1) hire 50 full-time or full-time equivalent employees to
serve victim-witness advocates to provide assistance to
victims of any criminal offense investigated by any
department or agency of the Federal Government; and
(2) provide grants through the Office of Victims of Crime
to qualified private entities to fund 50 victim-witness
advocate positions within those organizations.
SEC. 202. INCREASED TRAINING FOR STATE AND LOCAL LAW
ENFORCEMENT, STATE COURT PERSONNEL, AND
OFFICERS OF THE COURT TO RESPOND EFFECTIVELY TO
THE NEEDS OF VICTIMS OF CRIME.
Notwithstanding any other provision of law, amounts
collected pursuant to sections 3729 through 3731 of title 31,
United States Code (commonly known as the ``False Claims
Act''), may be used by the Office of Victims of Crime to make
grants to States, units of local government, and qualified
private entities, to provide training and information to
prosecutors, judges, law enforcement officers, probation
officers, and other officers and employees of Federal and
State courts to assist them in responding effectively to the
needs of victims of crime.
SEC. 203. INCREASED RESOURCES FOR STATE AND LOCAL LAW
ENFORCEMENT AGENCIES, COURTS, AND PROSECUTORS'
OFFICES TO DEVELOP STATE-OF-THE-ART SYSTEMS FOR
NOTIFYING VICTIMS OF CRIME OF IMPORTANT DATES
AND DEVELOPMENTS.
(a) In General.--Subtitle A of title XXIII of the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103-322; 108 Stat. 2077) is amended by adding at the end the
following:
``SEC. 230103. STATE-OF-THE-ART SYSTEMS FOR NOTIFYING VICTIMS
OF CRIME OF IMPORTANT DATES AND DEVELOPMENTS.
``(a) Authorization of Appropriations.--There are
authorized to be appropriated to the Office of Victims of
Crime of the Department of Justice such sums as may be
necessary for grants to State and local prosecutors' offices,
State courts, county jails, State correctional institutions,
and qualified private entities, to develop and implement
state-of-the-art systems for notifying victims of crime of
important dates and developments relating to the criminal
proceedings at issue.
``(b) False Claims Act.--Notwithstanding any other
provision of law, amounts collected pursuant to sections 3729
through 3731 of title 31, United States Code (commonly known
as the `False Claims Act'), may be used for grants under this
section.''.
(b) Violent Crime Reduction Trust Fund.--Section 310004(d)
of the Violent Crime Control and Law Enforcement Act of 1994
(42 U.S.C. 14214(d)) is amended--
(1) in the first paragraph designated as paragraph (15)
(relating to the definition of the term ``Federal law
enforcement program''), by striking ``and'' at the end;
(2) in the first paragraph designated as paragraph (16)
(relating to the definition of the term ``Federal law
enforcement program''), by striking the period at the end and
inserting ``; and''; and
(3) by inserting after the first paragraph designated as
paragraph (16) (relating to the definition of the term
``Federal law enforcement program'') the following:
``(17) section 230103.''.
SEC. 204. PILOT PROGRAMS TO ESTABLISH OMBUDSMAN PROGRAMS FOR
CRIME VICTIMS.
(a) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the Office of Victims of Crime.
(2) Office.--The term ``Office'' means the Office of
Victims of Crime.
(3) Qualified private entity.--The term ``qualified private
entity'' means a private entity that meets such requirements
as the Attorney General, acting through the Director, may
establish.
(4) Qualified unit of state or local government.--The term
``qualified unit of State or local government'' means a unit
or a State or local government that meets such requirements
as the Attorney General, acting through the Director, may
establish.
(5) Voice centers.--The term ``VOICE Centers'' means the
Victim Ombudsman Information Centers established under the
program under subsection (b).
(b) Pilot Programs.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Attorney General, acting through
the Director, shall establish and carry out a program to
provide for pilot programs to establish and operate Victim
Ombudsman Information Centers in each of the following
States:
(A) Iowa.
(B) Massachusetts.
(C) Ohio.
(D) Tennessee.
(E) Utah.
(F) Vermont.
(2) Agreements.--
(A) In general.--The Attorney General, acting through the
Director, shall enter into an agreement with a qualified
private entity or unit of State or local government to
conduct a pilot program referred to in paragraph (1). Under
the agreement, the Attorney General, acting through the
Director, shall provide for a grant to assist the qualified
private entity or unit of State or local government in
carrying out the pilot program.
(B) Contents of agreement.--The agreement referred to in
subparagraph (A) shall specify that--
(i) the VOICE Center shall be established in accordance
with this section; and
(ii) except with respect to meeting applicable requirements
of this section concerning carrying out the duties of a VOICE
Center under this section (including the applicable reporting
duties under subsection (c) and the terms of the agreement)
each VOICE Center shall operate independently of the Office;
and
(C) No authority over daily operations.--The Office shall
have no supervisory or decisionmaking authority over the day-
to-day operations of a VOICE Center.
(c) Objectives.--
(1) Mission.--The mission of each VOICE Center established
under a pilot program under this section shall be to assist a
victim of a Federal or State crime to ensure that the
victim--
[[Page S8274]]
(A) is fully apprised of the rights of that victim under
applicable Federal or State law; and
(B) participates in the criminal justice process to the
fullest extent of the law.
(2) Duties.--The duties of a VOICE Center shall include--
(A) providing information to victims of Federal or State
crime regarding the right of those victims to participate in
the criminal justice process (including information
concerning any right that exists under applicable Federal or
State law);
(B) identifying and responding to situations in which the
rights of victims of crime under applicable Federal or State
law may have been violated;
(C) attempting to facilitate compliance with Federal or
State law referred to in subparagraph (B);
(D) educating police, prosecutors, Federal and State
judges, officers of the court, and employees of jails and
prisons concerning the rights of victims under applicable
Federal or State law; and
(E) taking measures that are necessary to ensure that
victims of crime are treated with fairness, dignity, and
compassion throughout the criminal justice process.
(d) Oversight.--
(1) Technical assistance.--The Office may provide technical
assistance to each VOICE Center.
(2) Annual report.--Each qualified private entity or
qualified unit of State or local government that carries out
a pilot program to establish and operate a VOICE Center under
this section shall prepare and submit to the Director, not
later than 1 year after the VOICE Center is established, and
annually thereafter, a report that--
(A) describes in detail the activities of the VOICE Center
during the preceding year; and
(B) outlines a strategic plan for the year following the
year covered under subparagraph (A).
(e) Review of Program Effectiveness.--
(1) GAO study.--Not later than 2 years after the date on
which each VOICE Center established under a pilot program
under this section is fully operational, the Comptroller
General of the United States shall conduct a review of each
pilot program carried out under this section to determine the
effectiveness of the VOICE Center that is the subject of the
pilot program in carrying out the mission and duties
described in subsection (c).
(2) Other studies.--Not later than 2 years after the date
on which each VOICE Center established under a pilot program
under this section is fully operational, the Attorney
General, acting through the Director, shall enter into an
agreement with 1 or more private entities that meet such
requirements the Attorney General, acting through the
Director, may establish, to study the effectiveness of each
VOICE Center established by a pilot program under this
section in carrying out the mission and duties described in
subsection (c).
(f) Termination Date.--
(1) In general.--Except as provided in paragraph (2), a
pilot program established under this section shall terminate
on the date that is 4 years after the date of enactment of
this Act.
(2) Renewal.--If the Attorney General determines that any
of the pilot programs established under this section should
be renewed for an additional period, the Attorney General may
renew that pilot program for a period not to exceed 2 years.
(g) Funding.--Notwithstanding any other provision of law,
an aggregate amount not to exceed $5,000,000 of the amounts
collected pursuant to sections 3729 through 3731 of title 31,
United States Code (commonly known as the ``False Claims
Act''), may be used by the Director to make grants under
subsection (b).
SEC. 205. AMENDMENTS TO VICTIMS OF CRIME ACT OF 1984.
(a) Crime Victims Fund.--Section 1402 of the Victims of
Crime Act of 1984 (42 U.S.C. 10601) is amended--
(1) in subsection (b)--
(A) in paragraph (3), by striking ``and'' at the end;
(B) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) any gifts, bequests, and donations from private
entities or individuals.''; and
(2) in subsection (d)--
(A) by striking paragraph (1) and inserting the following:
``(1) All unobligated balances transferred to the judicial
branch for administrative costs to carry out functions under
sections 3611 and 3612 of title 18, United States Code, shall
be returned to the Crime Victims Fund and may be used by the
Director to improve services for crime victims in the Federal
criminal justice system.''; and
(B) in paragraph (4), by adding at the end the following:
``(C) States that receive supplemental funding to respond
to incidents or terrorism or mass violence under this section
shall be required to return to the Crime Victims Fund for
deposit in the reserve fund, amounts subrogated to the State
as a result of third-party payments to victims.''.
(b) Crime Victim Compensation.--Section 1403 of the Victims
of Crime Act of 1984 (42 U.S.C. 10602) is amended--
(1) in subsection (a)--
(A) in each of paragraphs (1) and (2), by striking ``40''
and inserting ``60''; and
(B) in paragraph (3), by inserting ``and evaluation'' after
``administration''; and
(2) in subsection (b)(7), by inserting ``because the
identity of the offender was not determined beyond a
reasonable doubt in a criminal trial, because criminal
charges were not brought against the offender, or'' after
``deny compensation to any victim''.
(c) Crime Victim Assistance.--Section 1404 of the Victims
of Crime Act of 1984 (42 U.S.C. 10603) is amended--
(1) in subsection (c)--
(A) in paragraph (1)--
(i) by striking the comma after ``Director'';
(ii) by inserting ``or enter into cooperative agreements''
after ``make grants'';
(iii) by striking subparagraph (A) and inserting the
following:
``(A) for demonstration projects, evaluation, training, and
technical assistance services to eligible organizations;'';
(iv) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(v) by adding at the end the following:
``(C) training and technical assistance that address the
significance of and effective delivery strategies for
providing long-term psychological care.''; and
(B) in paragraph (3)--
(i) in subparagraph (C), by striking ``and'' at the end;
(ii) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following:
``(E) use funds made available to the Director under this
subsection--
``(i) for fellowships and clinical internships; and
``(ii) to carry out programs of training and special
workshops for the presentation and dissemination of
information resulting from demonstrations, surveys, and
special projects.''; and
(2) in subsection (d)--
(A) by striking paragraph (1) and inserting the following:
``(1) the term `State' includes--
``(A) the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, and any other
territory or possession of the United States; and
``(B) for purposes of a subgrant under subsection (a)(1) or
a grant or cooperative agreement under subsection (c)(1), the
United States Virgin Islands and any agency of the government
of the District of Columbia or the Federal Government
performing law enforcement functions in and on behalf of the
District of Columbia.'';
(B) in paragraph (2)--
(i) in subparagraph (C), by striking ``and'' at the end;
and
(ii) by adding at the end the following:
``(E) public awareness and education and crime prevention
activities that promote, and are conducted in conjunction
with, the provision of victim assistance; and
``(F) for purposes of an award under subsection (c)(1)(A),
preparation, publication, and distribution of informational
materials and resources for victims of crime and crime
victims organizations.'';
(C) by striking paragraph (4) and inserting the following:
``(4) the term `crisis intervention services' means
counseling and emotional support including mental health
counseling, provided as a result of crisis situations for
individuals, couples, or family members following and related
to the occurrence of crime;'';
(D) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(E) by adding at the end the following:
``(6) for purposes of an award under subsection (c)(1), the
term `eligible organization' includes any--
``(A) national or State organization with a commitment to
developing, implementing, evaluating, or enforcing victims'
rights and the delivery of services;
``(B) State agency or unit of local government;
``(C) tribal organization;
``(D) organization--
``(i) described in section 501(c) of the Internal Revenue
Code of 1986; and
``(ii) exempt from taxation under section 501(a) of such
Code; or
``(E) other entity that the Director determines to be
appropriate.''.
(d) Compensation and Assistance to Victims of Terrorism of
Mass Violence.--Section 1404B of the Victims of Crime Act of
1984 (42 U.S.C. 10603b) is amended--
(1) in subsection (a), by striking ``1404(a)'' and
inserting ``1402(d)(4)(B)''; and
(2) in subsection (b), by striking ``1404(d)(4)(B)'' and
inserting ``1402(d)(4)(B)''.
SEC. 206. TECHNICAL CORRECTION.
Section 233(d) of the Antiterrorism and Effective Death
Penalty Act of 1996 (110 Stat. 1245) is amended by striking
``1 year after the date of enactment of this Act'' and
inserting ``October 1, 1999''.
SEC. 207. SERVICES FOR VICTIMS OF CRIME AND DOMESTIC
VIOLENCE.
Section 504 of Public Law 104-134 (110 Stat. 1321-53) shall
not be construed to prohibit a recipient (as that term is
used in that section) from using funds derived from a source
other than the Legal Services Corporation to provide related
legal assistance to any person with whom an alien (as that
term is used in subsection (a)(11) of that section) has a
relationship covered by the domestic violence laws of the
State in which the alien resides or in which an incidence of
violence occurred.
SEC. 208. PILOT PROGRAM TO STUDY EFFECTIVENESS OF RESTORATIVE
JUSTICE APPROACH ON BEHALF OF VICTIMS OF CRIME.
(a) In General.--Notwithstanding any other provision of
law, amounts collected
[[Page S8275]]
pursuant to sections 3729 through 3731 of title 31, United
States Code (commonly known as the ``False Claims Act''), may
be used by the Office of Victims of Crime to make grants to
States, units of local government, and qualified private
entities for the establishment of pilot programs that
implement balanced and restorative justice models.
(b) Definition of Balanced and Restorative Justice Model.--
In this section, the term ``balanced and restorative justice
model'' means an approach to criminal justice that promotes
the maximum degree of involvement by a victim, offender, and
the community served by a criminal justice system by allowing
the criminal justice system and related criminal justice
agencies to improve the capacity of the system and agencies
to--
(A) protect the community served by the system and
agencies; and
(B) ensure accountability of the offender and the system.
Mr. KENNEDY. Madam President, It is a privilege to join in
introducing the Crime Victims Empowerment Act. I commend Senator Leahy
and Congresswoman McCarthy for their effective leadership on this
important issue, and the many organizations who share our concern,
especially the National Network to End Domestic Violence, the National
Clearinghouse for the Defense of Battered Women, and the NOW Legal
Defense Fund.
Too often in the past, the victims of crime have been the forgotten
citizens in the criminal justice system. The legislation we are
introducing today is an attempt to redress the balance and to guarantee
that victims of crime are not victimized a second time by the criminal
justice system.
First, the bill establishes new statutory rights for victims of
Federal crimes, including expanded rights to participate in all phases
of the criminal justice process, from trial through sentencing.
Expanded rights are created for victims during trial proceedings.
Second, the bill includes a number of important measures to assist
victims of crimes under State laws. A key step here is to provide
additional training and resources to State officials. Although most
State judges and prosecutors are conscientious, there are too many
cases in which the rights and needs of victims are ignored.
Too often, for example, victims of assaults or other violent crimes
learn about developments in their case by reading the newspaper, or
watching the news on television. Victims should not have to learn about
the release of their assailants in these ways. Our bill offers
resources to local authorities to take this step and other basic steps
to ensure that victims are not left out of the criminal justice
provisions in obvious ways like this.
To take another example, there is a critical shortage of victim
advocates to provide services and support to crime victims. Our bill
addresses this shortage by authorizing the hiring of additional
personnel.
These initiatives will not raise the deficit. They are financed by
civil penalties paid under the False Claims Act.
There is no need to amend the Constitution to protect the rights of
victims of crime. We can accomplish our goal by statute, and ensure
that victims are treated with the dignity and respect they deserve. I
look forward to early action on this legislation, and to taking the
long overdue steps to improve the quality of justice in our society by
protecting the rights of victims.
______
By Mr. MACK (for himself, Mr. Hutchinson, and Mr. Ashcroft):
S. 1083. A bill to provide structure for and introduce balance into a
policy of meaningful engagement with the People's Republic of China; to
the Committee on Foreign Relations.
the united states-people's republic of china national security and
freedom protection act
Mr. MACK. Mr. President, just over 1 week ago, Congressman Chris Cox,
together with many other Members of the House of Representatives,
including Ben Gilman, Gerald Solomon, Duncan Hunter, Tillie Fowler,
Chris Smith, Ed Royce, Bill McCollum, Henry Hyde, and Ileana Ros-
Lehtinen introduced an 11-point legislative plan to address our
Nation's failure to truly engage the People's Republic of China.
Senator Tim Hutchinson and I joined in the unveiling of the House
proposals to show our support for the good work done by our House
colleagues and endorse the leadership of Congressman Cox. I also
promised at that time to introduce companion legislation in the Senate.
Mr. President, I rise today to offer that bill, the United States-
People's Republic of China National Security and Freedom Protection
Act. I am proud to say that Senator Hutchinson and Senator Ashcroft are
joining me in introducing this bill today.
Mr. President, I also want to congratulate Senator Abraham for his
interest and work on developing a China policy. He has played an
instrumental role in advancing the debate on this important issue.
Mr. President, I come to this discussion of China policy following my
7 years of involvement with the people of Hong Kong and their
commitment to freedom and democratic reforms. As Senate cochair of the
congressional caucus on Hong Kong, I traveled to Hong Kong and China in
late March of this year with the Democratic cochair, Senator Joe
Lieberman.
I must confess that on this recent trip, my concerns for the people
of China and the future United States-People's Republic of China
relationship increased. I was struck by the dichotomy between the
people and the leadership in China. People's Republic of China
officials expressed the view that people made governing difficult, as
if the people exist for the benefit of the government. This
fundamentally opposes my belief that people know what is best for
themselves, and that government is for the benefit of the people. The
official People's Republic of China view puts people at odds with
government.
Mr. President, in China, I attended church and visited with people at
the Forbidden City, and saw in the eyes of children and parents
throughout China the same thing I see here in America. I saw children
full of hope and wonder, and parents full of pride and ambition for
their children.
I fear that these differences between the United States and China
will lead us toward conflict unless we have a sound policy for which we
can actively work toward improving relations. The administration calls
their policy ``strategic engagement.'' I call it appeasement. Any
policy which does not allow Americans to address their concerns with
the People's Republic of China will prove irresponsible. I am
introducing this bill today so that the children of China and the
United States can grow up in peace, benefiting from each others'
freedom and prosperity.
Mr. President, this bill takes root in a belief that our China policy
must contain five essential elements.
First, United States policy should seek liberalization of the
People's Republic of China Government, responsible behavior by the
People's Republic of China, and integration of the People's Republic of
China into the community of nations. United States interests are best
served in China, as they are everywhere, when they are defined by the
United States national security strategy: in the proliferation of
democracy and the liberalization of authoritarian forms of government.
Second, United States policy should continue to maintain a strong
presence and commitment to leadership and involvement in the Asian
Pacific region. The policy should be regionally and globally
integrated. The United States shares a stake in China's future with the
people of China, the region, and the world.
Third, United States policy should encourage friendship between our
nations while protecting national interests and acting on national
values. The People's Republic of China does not today, and will not for
the foreseeable future, pose a direct military threat to the United
States. The People's Republic of China is not an enemy of the United
States and should not be made out as such.
Fourth, United States policy toward China should contain resolute and
straight-forward toughness. United States policy toward China must not
paper over issues which make China feel uncomfortable, but these issues
should not dominate the relationship either. United States policy
should seek to overcome these differences with the People's Republic of
China. The People's Republic of China expects the United States to act
honestly and directly, and the American people require a foreign policy
which is honest and direct.
[[Page S8276]]
And finally, United States policy should be a policy of meaningful
engagement which includes the mechanisms of this act. In order to
fulfill a meaningful policy with respect to the People's Republic of
China, more tools are needed to address American interests beyond those
available in the current policy.
Mr. President, this bill provides a broad and positive context for
dealing with the People's Republic of China and encouraging China's
democratic development.
It is divided into three main sections: national security, human
rights, and trade. It uses targeted sanctions and increased diplomacy
as its primary tools. Economic sanctions are imposed against the
People's Liberation Army, which is banned from operating commercially
in the United States. Political sanctions are imposed against human
rights violators by denying entry into the United States to those
responsible for religious persecution, coercive family planning
practices, and political oppression. The act also calls for military
sanctions as provided for in the Gore-McCain Nonproliferation Act.
The sanctions are complemented by additional advocacy and reporting
requirements placed upon United States diplomatic and customs officers
in the People's Republic of China. The act provides for additional
authorizations to meet these requirements, as well as to improve the
broadcasting effectiveness of Radio Free Asia. To demonstrate support
for Taiwan and clarity in our Taiwan policy, the Act requires a
bilateral study assessing the need for and feasibility of providing TMD
to Taiwan.
The bill concludes with a title calling for review of the mechanisms
called for in this act based upon China's behavior.
Mr. President, perhaps within our lifetimes, and almost certainly in
the lives of our children, China will become a premier Asian power.
Whether that is a threat or a promise depends in large part on whether
we rise to the occasion by asserting our values and interests while at
the same time helping China meet its new responsibilities. Continuing
down a policy track which offers choices only between inadequate
engagement or quixotic containment is a journey that will end as it
began, in frustration without alternatives. We cannot allow that to be
our legacy.
______
By Mr. WELLSTONE:
S. 1085. A bill to improve the management of the Boundary Waters
Canoe Area Wilderness, and for other purposes; read the first time.
THE BOUNDARY WATERS CANOE AREA WILDERNESS EXPANSION, PROTECTION, AND
ACCESS ACT OF 1997
Mr. WELLSTONE. Mr. President, I ask unanimous consent that S. 1085,
be printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 1085
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Boundary Waters Canoe Area
Wilderness Expansion, Protection, and Access Act of 1997''.
SEC. 2. MOTORIZED PORTAGES.
Section 4 of Public Law 95-495 (16 U.S.C. 1132 note; 92
Stat. 1650) is amended by striking subsection (g) and
inserting the following:
``(g) Motorized Portages.--
``(1) In general.--Subject to paragraph (2), nothing in
this Act shall prevent the operation of a motorized vehicle
and associated equipment that is necessary to assist in the
transport of a boat across Prairie Portage from the Moose
Lake chain to Basswood Lake, and from Lake Vermilion to Trout
Lake across the Trout Lake Portage.
``(2) Clean and efficient vehicles.--A vehicle operated as
permitted under paragraph (1)--
``(A) may not exceed the dimensions of a \3/4\ ton pickup
truck; and
``(B) shall be a clean-emission and energy-efficient
vehicle, as determined by the Secretary.
``(3) New technology.--The Secretary may require the use of
vehicles under paragraph (1) that utilize appropriate cost-
effective new technology allowing for a cleaner and quieter
motorized vehicle as soon as practicable, as determined by
the Secretary.
``(4) Removal of tow boats.--Not later than 30 days after
the date on which the operation of motorized vehicles begins
under paragraph (1), the Secretary shall terminate any
special use permit for a tow boat in Basswood Lake or South
Farm Lake.
``(5) Increase in motorboat permits.--The Secretary shall
allow an appropriate increase in the number of motorboat
permits for September on Basswood Lake to take into account
the removal of commercial tow boats on Basswood Lake.
``(6) No additional facilities.--Nothing in this subsection
permits the building of an overnight facility, building,
road, or amenity at a portage site.
``(7) No subsidy.--The costs of operating a motorized
vehicle under this subsection shall be borne by a
concessionaire without subsidy from any government.
``(8) Continued operation.--If there is no operation of a
motorized vehicle under this subsection by a concessionaire
for a significant portion of the ice-free season for 3
consecutive years, this subsection shall cease to have
effect.''.
SEC. 3. LAND ADDITIONS TO THE WILDERNESS.
Section 3 of Public Law 95-495 (16 U.S.C. 1132 note; 92
Stat. 1649) is amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 3.'';
and
(2) by adding at the end the following:
``(b) Additional Land.--
``(1) In general.--The wilderness shall include the land
designated on the map entitled `Boundary Waters Canoe Area--
Expansion Proposal', dated July 29, 1997, comprising
approximately 21,700 acres.
``(2) On file.--The map referred to in paragraph (1) shall
be on file and available for public inspection in the offices
of the Chief of the Forest Service and the Supervisor of the
Superior National Forest.
``(3) Detailed legal description and map.--
``(A) In general.--Not later than 1 year after the date of
enactment of this subsection, the Secretary shall publish in
the Federal Register a detailed legal description and map
showing the new boundaries of the wilderness.
``(B) Filing with congress.--The Secretary shall file the
legal description and map described in subparagraph (A) with
the Committee on Agriculture, Nutrition, and Forestry of the
Senate and the Committee on Resources of the House of
Representatives.
``(C) Force of law.--The legal description and map
described in subparagraph (A) shall have the same force and
effect as if included in this Act.
``(D) Clerical and typographical errors.--The Secretary may
correct clerical and typographical errors in the legal
description and map described in subparagraph (A) at any
time.
``(4) Timber access roads.--Any timber access road in the
land described in paragraph (1) that is in existence on the
date of enactment of this subsection that is needed for
operations under a timber sale contract in existence on that
date shall remain open only until such time as the operations
are completed and the timber sale contract expires.
``(5) Land exchanges.--Not later that 2 years after the
date of enactment of this subsection, the Secretary shall
identify and convey to the State or a county, in exchange for
land owned by the State or county in the wilderness area
described in paragraph (1), Federal land of approximately
comparable value, taking into consideration factors such as
the timber species, the volume of timber, and the
accessibility of timber on the land.''.
SEC. 4. MOTORBOATS ON CANOE LAKE.
Section 4(c)(2) of Public Law 95-495 (16 U.S.C. 1132 note;
92 Stat. 1650) is amended by striking ``; Canoe, Cook
County''.
SEC. 5. USE OF PISTON BULLY.
Section 4(i) of Public Law 95-495 (16 U.S.C. 1132 note; 92
Stat. 1652) is amended by adding at the end the following:
``The Secretary shall allow the use of a piston bully or
similar device to groom the portion of the maintained ski
trail on the east end of Flour Lake.''.
SEC. 6. PERMIT RESERVATION SYSTEM.
Section 4 of Public Law 95-495 (16 U.S.C. 1132 note; 92
Stat. 1652) is amended by adding at the end the following:
``(j) Permit Reservation System.--It is the sense of
Congress that the Secretary should take steps, if feasible,
to move the permit reservation system for the wilderness to
northeastern Minnesota. In taking such steps, the Secretary
should give preference to a contractor located in a county in
which part of the wilderness lies.''.
SEC. 7. ANNUAL GRANTS.
Section 16 of Public Law 95-495 (16 U.S.C. 1132 note; 92
Stat. 1658) is amended by adding at the end the following:
``(c) Annual Grants.--Of the amounts made available under
section 21, the Secretary shall make a portion available each
year to the State of Minnesota to be used by the Department
of Natural Resources to be used to pay the costs of providing
employees and equipment in the wilderness (in addition to the
employees and equipment being provided before the date of
enactment of this subsection) for activities such as--
``(1) campsite restoration;
``(2) trail and campsite maintenance;
``(3) law enforcement;
``(4) monitoring of the management plan described in
section 20;
``(5) user education; and
``(6) other appropriate activities, as determined by the
Secretary.''.
SEC. 8. AIRSPACE RESERVATION.
The provisions of Executive Order No. 10092 (14 Fed. Reg.
7637) shall be applicable to the areas depicted as wilderness
on the map referred to in the amendments made by section 3.
[[Page S8277]]
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
Section 21 of Public Law 95-495 (16 U.S.C. 1132 note; 92
Stat. 1659) is amended to read as follows:
``SEC. 21. AUTHORIZATION OF APPROPRIATIONS.
``In addition to any other funds authorized to be
appropriated for the wilderness, there are authorized to be
appropriated to carry out this Act--
``(1) $3,500,000 for fiscal year 1998; and
``(2) such sums as are necessary for each fiscal year
thereafter.''.
SEC. 10. EFFECTIVE DATE.
This Act and the amendments made by this Act take effect on
January 1, 1998.
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