[Congressional Record Volume 147, Number 31 (Friday, March 9, 2001)]
[Senate]
[Pages S2117-S2119]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself, Mr. Hutchinson, Mr. Hatch, Mr.

[[Page S2118]]

        Voinovich, Mr. Brownback, Mr. Ensign, Mr. Enzi, Mr. Hagel, Mr. 
        Helms, Mr. Inhofe, Mr. Nickles, and Mr. Santorum):
  S. 480. A bill to amend titles 10 and 18, United States Code, to 
protect unborn victims of violence to the Committee on the Judiciary.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 480

       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 ``Unborn Victims of Violence 
     Act of 2001''.

     SEC. 2. PROTECTION OF UNBORN CHILDREN.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 90 the following:

              ``CHAPTER 90A--PROTECTION OF UNBORN CHILDREN

``Sec.
``1841. Causing death of or bodily injury to unborn child.

     ``Sec. 1841. Causing death of or bodily injury to unborn 
       child

       ``(a)(1) Any person who engages in conduct that violates 
     any of the provisions of law listed in subsection (b) and 
     thereby causes the death of, or bodily injury (as defined in 
     section 1365 of this title) to, a child, who is in utero at 
     the time the conduct takes place, is guilty of a separate 
     offense under this section.
       ``(2)(A) Except as otherwise provided in this paragraph, 
     the punishment for that separate offense is the same as the 
     punishment provided for that conduct under Federal law had 
     that injury or death occurred to the unborn child's mother.
       ``(B) An offense under this section does not require proof 
     that--
       ``(i) the person engaging in the conduct had knowledge or 
     should have had knowledge that the victim of the underlying 
     offense was pregnant; or
       ``(ii) the defendant intended to cause the death of, or 
     bodily injury to, the unborn child.
       ``(C) If the person engaging in the conduct thereby 
     intentionally kills or attempts to kill the unborn child, 
     that person shall be punished as provided under section 1111, 
     1112, or 1113 of this title, as applicable, for intentionally 
     killing or attempting to kill a human being, instead of the 
     penalties that would otherwise apply under subparagraph (A).
       ``(D) Notwithstanding any other provision of law, the death 
     penalty shall not be imposed for an offense under this 
     section.
       ``(b) The provisions referred to in subsection (a) are the 
     following:
       ``(1) Sections 36, 37, 43, 111, 112, 113, 114, 115, 229, 
     242, 245, 247, 248, 351, 831, 844(d), 844(f), 844(h)(1), 
     844(i), 924(j), 930, 1111, 1112, 1113, 1114, 1116, 1118, 
     1119, 1120, 1121, 1153(a), 1201(a), 1203, 1365(a), 1501, 
     1503, 1505, 1512, 1513, 1751, 1864, 1951, 1952(a)(1)(B), 
     1952(a)(2)(B), 1952(a)(3)(B), 1958, 1959, 1992, 2113, 2114, 
     2116, 2118, 2119, 2191, 2231, 2241(a), 2245, 2261, 2261A, 
     2280, 2281, 2332, 2332a, 2332b, 2340A, and 2441 of this 
     title.
       ``(2) Section 408(e) of the Controlled Substances Act of 
     1970 (21 U.S.C. 848(e)).
       ``(3) Section 202 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2283).
       ``(c) Subsection (a) does not permit prosecution--
       ``(1) for conduct relating to an abortion for which the 
     consent of the pregnant woman has been obtained or for which 
     such consent is implied by law in a medical emergency;
       ``(2) for conduct relating to any medical treatment of the 
     pregnant woman or her unborn child; or
       ``(3) of any woman with respect to her unborn child.
       ``(d) In this section--
       ``(1) the terms `child in utero' and `child, who is in 
     utero' mean a member of the species homo sapiens, at any 
     stage of development, who is carried in the womb; and
       ``(2) the term `unborn child' means a child in utero.''.
       (b) Clerical Amendment.--The table of chapters for part I 
     of title 18, United States Code, is amended by inserting 
     after the item relating to chapter 90 the following:

``90A. Causing death of or bodily injury to unborn child....1841''.....

     SEC. 3. MILITARY JUSTICE SYSTEM.

       (a) Protection of Unborn Children.--Subchapter X of chapter 
     47 of title 10, United States Code (the Uniform Code of 
     Military Justice), is amended by inserting after section 919 
     (article 119) the following:

     ``Sec. 919a. Art. 119a. Causing death of or bodily injury to 
       unborn child

       ``(a)(1) Any person subject to this chapter who engages in 
     conduct that violates any of the provisions of law listed in 
     subsection (b) and thereby causes the death of, or bodily 
     injury (as defined in section 1365 of title 18) to, a child, 
     who is in utero at the time the conduct takes place, is 
     guilty of a separate offense under this section.
       ``(2)(A) Except as otherwise provided in this paragraph, 
     the punishment for that separate offense is the same as the 
     punishment for that conduct under this chapter had that 
     injury or death occurred to the unborn child's mother.
       ``(B) An offense under this section does not require proof 
     that--
       ``(i) the person engaging in the conduct had knowledge or 
     should have had knowledge that the victim of the underlying 
     offense was pregnant; or
       ``(ii) the defendant intended to cause the death of, or 
     bodily injury to, the unborn child.
       ``(C) If the person engaging in the conduct thereby 
     intentionally kills or attempts to kill the unborn child, 
     that person shall be punished as provided under section 918, 
     919, or 880 of this title (article 118, 119, or 80), as 
     applicable, for intentionally killing or attempting to kill a 
     human being, instead of the penalties that would otherwise 
     apply under subparagraph (A).
       ``(D) Notwithstanding any other provision of law, the death 
     penalty shall not be imposed for an offense under this 
     section.
       ``(b) The provisions referred to in subsection (a) are 
     sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 
     928 of this title (articles 111, 118, 119(a), 119(b)(2), 
     120(a), 122, 124, 126, and 128).
       ``(c) Subsection (a) does not permit prosecution--
       ``(1) for conduct relating to an abortion for which the 
     consent of the pregnant woman has been obtained or for which 
     such consent is implied by law in a medical emergency;
       ``(2) for conduct relating to any medical treatment of the 
     pregnant woman or her unborn child; or
       ``(3) of any woman with respect to her unborn child.
       ``(d) In this section--
       ``(1) the terms `child in utero' and `child, who is in 
     utero' mean a member of the species homo sapiens, at any 
     stage of development, who is carried in the womb; and
       ``(2) the term `unborn child' means a child in utero.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such subchapter is amended by inserting after 
     the item relating to section 919 the following:

``919a. 119a. Causing death of or bodily injury to unborn child.''.
                                   ____
                                 
      By Mr. CAMPBELL (for himself, Mr. Bingaman, and Mr. Inouye):
  S. 502. A bill to provide for periodic Indian needs assessments, to 
require Federal Indian program evaluations, and for other purposes; to 
the Committee on Indian Affairs.
  Mr. CAMPBELL. Mr. President, today I am pleased to be joined by 
Senator Bingaman and Senator Inouye in introducing the Indian Needs 
Assessment, Program Evaluation and Policy Coordination Act of 2001 to 
bring about needed reforms in the way Indian programs are designed and 
funded.
  As the annual funding debates over Indian programs show us year after 
year, rational and equitable funding decisions are made more difficult 
because of the lack of accurate and up-to-date information about the 
needs of tribal governments and tribal members.
  The ability of the Congress to target unmet needs and make available 
adquate funds for tribes and tribal members is directly related to the 
quantity and quality of information available about the type and degree 
of demand for federal programs and services.
  Within two years of the enactment of this act, and every 5 years 
thereafter, each Federal agency or department is required to conduct an 
``Indian Needs Assessment'', INA, aimed at determining the needs of 
tribes and Indians eligible for programs and services administered by 
such agency or department.
  To facilitate information collection and analysis, the bill requires 
the development of a uniform method, criteria and procedures for 
determining, analyzing, and compiling the program and service needs of 
tribes and Indians.
  The resulting ``Indian Needs Assessments'' are to be filed with the 
Committees on Appropriations and Indian Affairs of the Senate, and the 
Committees on Appropriations and Resources of the House of 
Representatives.
  In addition to a Needs Assessment, the bill also requires that each 
Federal agency or department responsible for providing services to 
Indians file an ``Annual Indian Program Evaluation'', AIPE, with these 
same committees. The AIPE will measure the performance and 
effectiveness of the programs under the jurisdiction of that agency or 
department, and include recommendations as to how such programs can be 
improved.
  I ask unanimous consent that the text of the bill be printed in the 
Record and urge my colleagues to join me in supporting this measure.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

[[Page S2119]]

                                 S. 502

       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 ``Indian Needs Assessment and 
     Program Evaluation Act of 2001''.

     SEC. 2. FINDINGS, PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the United States and the Indian tribes have a unique 
     legal and political government-to-government relationship;
       (2) pursuant to the Constitution, treaties, statutes, 
     Executive orders, court decisions, and course of conduct, the 
     United States has a trust obligation to provide certain 
     services to Indian tribes and to Indians;
       (3) Federal departments and agencies charged with 
     administering programs and providing services to, or for the 
     benefit of, Indians have not furnished Congress with adequate 
     information necessary to assess such programs on the needs of 
     Indians and Indian tribes;
       (4) such lack of information has hampered the ability of 
     Congress to determine the nature, type, and magnitude of such 
     needs as well as its ability to respond to them; and
       (5) Congress cannot properly fulfill its obligation to 
     Indian tribes and Indian people unless and until it has an 
     adequate store of information related to the needs of Indians 
     nationwide.
       (b) Purposes.--The purposes of this Act are to--
       (1) ensure that Indian needs for Federal programs and 
     services are known in a more certain and predictable fashion;
       (2) require that Federal departments and agencies carefully 
     review and monitor the effectiveness of the programs and 
     services provided to Indians;
       (3) provide for more efficient and effective cooperation 
     and coordination of, and accountability from, the Federal 
     departments and agencies providing programs and services, 
     including technical and business development assistance, to 
     Indians; and
       (4) provide Congress with reliable information regarding 
     Indian needs and the evaluation of Federal programs and 
     services provided to Indians nationwide.

     SEC. 3. INDIAN TRIBAL NEEDS ASSESSMENT.

       (a) Indian Tribal Needs Assessments.--
       (1) Immediate assessment.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     contract with an appropriate entity, in consultation and 
     coordination with the Indian tribes, the Secretary of 
     Agriculture, the Secretary of Commerce, the Secretary of 
     Defense, the Secretary of Energy, the Secretary of Health and 
     Human Services, the Secretary of Housing and Urban 
     Development, the Secretary of Labor, the Secretary of the 
     Treasury, the Secretary of Transportation, the Secretary of 
     Veterans Affairs, the Attorney General, the Administrator of 
     the Environmental Protection Agency, and the heads of any 
     other relevant Federal departments or agencies, for the 
     development of a uniform method and criteria, and uniform 
     procedures for determining, analyzing, and compiling the 
     program and service assistance needs of Indian tribes and 
     Indians by each such department or agency. The needs 
     assessment shall address, but not be limited to, the 
     following:
       (i) The location of the service area of each program.
       (ii) The size of the service area of each program.
       (iii) The total population of each tribe located in the 
     service area.
       (iv) The total population of members of other tribes 
     located in the service area.
       (v) The availability of similar programs within the 
     geographical area to tribes or tribal members.
       (vi) The socio-economic conditions that exist within the 
     service area.
       (B) Consultation.--The contractor shall consult with tribal 
     governments in establishing and conducting the needs 
     assessment required under subparagraph (A).
       (2) Ongoing federal needs assessments.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act, and every 5 years thereafter, each 
     Federal department or agency, in coordination with the 
     Secretary of the Interior, shall conduct an Indian Needs 
     Assessment (in this Act referred to as the ``INA'') aimed at 
     determining the actual needs of Indian tribes and Indians 
     eligible for programs and services administered by such 
     department or agency.
       (B) Submission to congress.--Not later than February 1 of 
     any year in which an INA is required to be conducted under 
     subparagraph (A), a copy of the INA shall be submitted to the 
     Committee on Appropriations and the Committee on Resources of 
     the House of Representatives and the Committee on 
     Appropriations and the Committee on Indian Affairs of the 
     Senate.
       (b) Federal Agency Indian Tribal Program Evaluation.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     develop a uniform method and criteria, and uniform procedures 
     for compiling, maintaining, keeping current, and reporting to 
     Congress all information concerning--
       (A) the annual expenditures of the department or agency for 
     programs and services for which Indians are eligible, with 
     specific information regarding the names of tribes who are 
     currently participating in or receiving each service, the 
     names of tribes who have applied for and not received 
     programs or services, and the names of tribes whose services 
     or programs have been terminated within the last fiscal year;
       (B) services or programs specifically for the benefit of 
     Indians, with specific information regarding the names of 
     tribes who are currently participating in or receiving each 
     service, the names of tribes who have applied for and not 
     received programs or services, and the names of tribes whose 
     services or programs have been terminated within the last 
     fiscal year; and
       (C) the department or agency method of delivery of such 
     services and funding, including a detailed explanation of the 
     outreach efforts of each agency or department to Indian 
     tribes.
       (2) Submission to Congress.--Not later than 2 years after 
     the date of enactment of this Act, and annually thereafter, 
     each Federal department or agency responsible for providing 
     services or programs to, or for the benefit of, Indian tribes 
     or Indians shall file an Annual Indian Program Evaluation (in 
     this Act referred to as the ``AIPE'') with the Committee on 
     Appropriations and the Committee on Resources of the House of 
     Representatives and the Committee on Appropriations and the 
     Committee on Indian Affairs of the Senate.
       (c) Annual Listing of Tribal Eligible Programs.--Not later 
     than February 1 of each calendar year, each Federal 
     department or agency described in subsection (b)(2), shall 
     develop and publish in the Federal Register a list of all 
     programs and services offered by such department or agency 
     for which Indian tribes or their members are or may be 
     eligible, and shall provide a brief explanation of the 
     program or service.
       (d) Confidentiality.--Any information received, collected, 
     or gathered from Indian tribes concerning program function, 
     operations, or need in order to conduct an INA or an AIPE 
     shall be used only for the purposes of this Act set forth in 
     section 2(b).

     SEC. 4. REPORT TO CONGRESS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     develop and submit to the Committee on Appropriations and the 
     Committee on Resources of the House of Representatives and 
     the Committee on Appropriations and the Committee on Indian 
     Affairs of the Senate a report detailing the coordination of 
     Federal program and service assistance for which Indian 
     tribes and their members are eligible.
       (b) Strategic Plan.--Not later than 30 months after the 
     date of enactment of this Act, the Secretary of the Interior, 
     in consultation and coordination with the Indian tribes, 
     shall file a Strategic Plan for the Coordination of Federal 
     Assistance for Indians (in this Act referred to as the 
     ``Strategic Plan'').
       (c) Contents of Strategic Plan.--The Strategic Plan 
     required under subsection (b) shall contain the following:
       (1) Identification of reforms necessary to the laws, 
     regulations, policies, procedures, practices, and systems of 
     the Federal departments or agencies involved.
       (2) Proposals for implementing the reforms identified in 
     the Strategic Plan.
       (3) Any other recommendations that are consistent with the 
     purposes of this Act set forth in section 2(b).

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for fiscal year 
     2002 and each fiscal year thereafter, such sums as are 
     necessary to carry out this Act.
                                 ______