[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

[[Page S8266]]

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.--

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       (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.

                          ____________________