[Congressional Record Volume 152, Number 83 (Friday, June 23, 2006)]
[Senate]
[Pages S6457-S6459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DORGAN (for himself, Mr. Grassley, Mr. Durbin, Mr. DeWine,
and Ms. Collins):
S. 3561. A bill to amend the Mandatory Victims' Restitution Act to
improve restitution for victims of crime, and for other purposes; to
the Committee on the Judiciary.
Mr. DORGAN. Mr. President, today I am joined by Senators Grassley,
Durbin, DeWine and Collins in introducing legislation called the
Restitution for Victims of Crime Act of 2006. This legislation will
give Justice Department officials the tools they say are needed to help
them do a better job of collecting court-ordered restitution and other
federal criminal debt.
Over the past several years, the Government Accountability Office
conducted at my request and the request of others a study of the amount
of federal criminal debt owed victims and the reasons why much of it is
still uncollected. The GAO's findings revealed what many victims
already know, that the current system for collecting restitution and
other federal criminal debt is failing those it is intended to help.
Let me describe what criminal debt is. You go to court. Someone is
convicted of a crime, and a fine is levied. The question is, Is that
fine being paid? Or you go to court and the judge assigns guilt to a
defendant and says: You must make restitution. So that becomes a debt.
The problem is that the amount of uncollected restitution and other
federal criminal debt has spiraled upward while the percentage of that
debt ultimately recovered for crime victims has plummeted. The amount
of uncollected federal criminal debt skyrocketed from $6 billion in
1996 to over $41 billion by the end of fiscal year 2005. That's a
nearly sevenfold increase in uncollected criminal debt owed to the
victims of federal crimes. Some $15 million in criminal debt ordered by
federal courts in North Dakota remained uncollected at the end of 2005,
according to information from the Justice Department.
The percentage of debt that is collected or recovered for crime
victims in the form of restitution has fallen to embarrassingly low
levels. According to the GAO, Federal criminal justice officials
collected an average of just 4 cents on every dollar that has been
ordered in restitution and other criminal debt. This is restitution
ordered by the courts to be paid to crime victims from those who
perpetrated the crime.
The victims of crime deserve better. At the very least, crime victims
should not be concerned that their prospects for financial restitution
are being diminished because criminal offenders are frittering away
their ill-gotten gains on lavish lifestyles and the like.
There is plenty of blame to go around for our failure to aggressively
tackle this criminal debt problem. Some of the Nation's top law
enforcement officials did not pursue a number of major recommendations
made by the GAO in 2001 and again in 2004 and 2005 to boost our
embarrassingly low criminal debt collection rate. These officials only
started to take this matter seriously after I added language to an
omnibus spending bill that required the Attorney General to establish a
joint federal task force to develop a strategic plan for improving
federal criminal debt collection. Second, Congress has not yet held
extensive hearings about the federal government's recent track record
on criminal debt collection and the related GAO reports.
I understand that criminal debt collection can be a tough job. It may
be impossible to collect the full amount of restitution owed to victims
in some cases. Clearly criminal debt collections may be more difficult
in cases where convicted criminals are in prison, ill-gotten gains are
already gone or these criminals are without any other financial means
to pay their full restitution. However, GAO's work also made clear that
more financial assets could be recovered.
Let me tell you why I and my colleagues have introduced this
legislation. I had the GAO review a number of
[[Page S6458]]
white-collar financial fraud cases and report what is happening with
respect to these cases.
I will cite some examples.
One offender, someone who was judged to be guilty criminally in the
Federal court system, and his immediate family owned and resided at
property that was worth millions of dollars. Yet he was not making the
full restitution that had been ordered by the court to the victim.
Two offenders in Federal court cases who were ordered to make
restitution to victims took overseas trips while on supervised release
but had not made restitution to the victims.
One offender and his family established trusts, foundations, and
corporations for their assets about the same time that they closed many
of their bank and brokerage accounts and had not paid restitution to
the victims of their crime.
Over the course of several years, one offender converted to personal
use hundreds of millions of dollars obtained through illegal white-
collar business schemes.
Several years prior to one judgment, one offender's minor child, who
is now an adult, was given the offender's entire company. As of the
completion of the GAO's work, that company had employed the offender.
Restitution still had not been paid to the victim.
One offender and his family rented a very lavishly furnished
residence--which they had previously owned--from a relative. The
offender still had not made restitution he was ordered to pay.
Again, unpaid restitution and other criminal debt has gone from $6
billion to $41 billion over the last decade. We think that is an
outrage. We have worked with the Justice Department as a result of the
three GAO reports, and because of that, we have put together a
bipartisan piece of legislation. The legislation is comprised of the
comprehensive package of recommendations by the Justice Department that
stem in large part from the work of the Task Force on Improving the
Collection of Criminal Debt. Justice Department officials believe these
changes will remove many of the current impediments to better debt
collection.
For example, Justice Department officials described a circumstance
where they were prevented by a court from accessing $400,000 held in a
criminal offender's 401(k) plan to pay a $4 million restitution debt to
a victim because that court said the defendant was complying with a
$250 minimum monthly payment plan and that payment schedule precluded
any other enforcement actions. Our bill would remove impediments like
this in the future.
This legislation will also address a major problem identified by the
GAO for officials in charge of criminal debt collection; that is, many
years can pass between the date a crime occurs and the date a court
orders restitution. This gives criminal defendants ample opportunity to
spend or hide their ill-gotten gains. Our bill sets up pre-conviction
procedures for preserving assets for victims' restitution. These tools
will help ensure that financial assets traceable to a crime are
available when a court imposes a final restitution order on behalf of a
victim. These tools are similar to those already used by Federal
officials in some asset forfeiture cases and upheld by the courts.
Our bill has the support of the administration, and the support of
many victims organizations.
I have a long list of them: The National Center for Victims of Crime,
Mothers Against Drunk Driving, National Organization for Victims
Assistance--all of these organizations support the legislation we are
introducing today--the National Alliance to End Sexual Violence,
Parents of Murdered Children, Inc., Justice Solutions, the National
Network to End Domestic Violence, National Association of VOCA
Assistance Administrators. The list is rather substantial. It also
includes U.S. Attorney Drew Wrigley in Fargo, ND, who said this
legislation ``represents important progress toward ensuring that
victims of crime are one step closer to being made whole.''
That is the basis on which we introduce this legislation. Among other
things, our bill would clarify that court-ordered Federal criminal
restitution is due immediately in full upon imposition, just like in
civil cases and that any payment schedule ordered by a court is only a
minimum obligation of a convicted offender. It would allow Federal
prosecutors to access financial information about a defendant in the
possession of the U.S. Probation Office--without the need for a court
order. This legislation would also clarify that final restitution
orders can be enforced by criminal justice officials through the Bureau
of Prisons' Inmate Financial Responsibility Program. Our bill would
help ensure better recovery of restitution by requiring a court to
enter a pre-conviction restraining order or injunction, require a
satisfactory performance bond, or take other action necessary to
preserve property that is traceable to the commission of a charged
offense or to preserve other nonexempt assets if the court determines
that it is in the interest of justice to do so. In addition, this
legislation would clarify that a victim's attorney fees may be included
in restitution orders, including cases where such fees are a
foreseeable result from the commission of the crime, are incurred to
help recover lost property or expended by a victim to defend against
third party lawsuits resulting from the defendant's crime. It would
also allow courts in their discretion to order immediate restitution to
those that have suffered economic losses or serious bodily injury or
death as the result of environmental felonies. Under current law,
courts can impose restitution in such cases as a condition of probation
or supervised release but this means that many victims of environment
crimes must wait for years to be compensated for their losses, if at
all.
Let me make a couple of final points. First, while this legislation
reflects the entire set of recommendations from the Justice Department
to improve Federal criminal debt collection, it may not include every
possible improvement to the current system. For instance, the GAO has
suggested making willful failure to pay court-ordered restitution a
criminal offense. This is already the case for criminal defendants who
willfully fail to pay a court-ordered fine. It is my hope the Senate
Judiciary Committee will consider this and any other helpful
improvements when it reviews this legislation.
In summary, Senator Grassley and myself and others believe that it is
outrageous that unpaid criminal debt ordered by Federal courts to be
paid by criminals now exceeds $40 billion. That is wrong and it ought
to be dealt with. Our legislation will do so in a thoughtful,
bipartisan way. It is legislation that is supported by the
administration and by Republicans and Democrats who have joined in this
legislation.
With the Justice Department's help, we can make criminal debt
collection a top priority once again. That is good news for the
criminal justice system and great news for crime victims.
______
By Mr. BURNS (for himself and Mr. Baucus):
S. 3563. A bill to authorize the Secretary of the Interior to conduct
studies to determine the feasibility and environmental impact of
rehabilitating the St. Mary Diversion and Conveyance Works and the Milk
River Project, to authorize the rehabilitation and improvement of the
St. Mary Diversion and Conveyance Works, to develop an emergency
response plan for use in the case of catastrophic failure of the St.
Mary Diversion and Conveyance Works, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. BURNS. Mr. President, today I am introducing the St. Mary
Diversion and Conveyance Works and Milk River Project Act of 2006. In
1903, Secretary of Interior Hitchcock authorized construction of the
Milk River Project as one of the first five reclamation projects under
the new reclamation service. Two years later, construction was
authorized for the St. Mary Diversion Facilities. Completed in 1915,
the Milk River Project and the St. Mary Diversion Facilities have been
in operation for nearly 100 years with minimum repairs and
improvements.
The Milk River Project and the accompanying St. Mary Diversion
Facilities are known as the Lifeline of the Hi-Line. The St. Mary and
Milk River basins are home to approximately 70,000 people with a meager
per capita income of approximately $19,500. Most of these people
depend--directly or indirectly--on the project and would be
[[Page S6459]]
dramatically impacted by its failure and the loss of water.
The Milk River is the backbone of the region's agricultural economy.
It provides water to irrigate over 110,000 acres on approximately 660
farms. This project provides municipal water to approximately 14,000
people. Fisheries, recreation, tourism, water quality, and wildlife are
all impacted by the water flow.
But now the St. Mary Diversion Facilities and the Milk River Project
are facing catastrophic failure. The steel siphons have leaks and slope
stability problems. Landslides along the canal and the deteriorated
condition of the structure make the project an unreliable water source.
As authorized in 1903, the Milk River Project is operated as a
single-use irrigation project. Since completion, nearly 100 percent of
the cost to operate and maintain the diversion infrastructure has been
borne by irrigators. The average annual O & M cost from 1998 to 2003
was $420,000, of which irrigators were responsible for 98 percent. In
addition, irrigators are responsible for reimbursing reclamation for
the initial construction costs of the diversion facilities. Maintenance
costs have increased with the accelerating deterioration of the aging
facilities.
In 2003, the St. Mary Rehabilitation Working Group was formed to
address the pressing needs of the system. This broad coalition of
interests came together to find workable solutions. This legislation is
a result of their efforts and dedication.
The St. Mary Diversion and Conveyance Works and Milk River Project
Act of 2006 will provide a feasible and comprehensive approach to
rehabilitating the aging and deteriorating infrastructure while still
meeting the needs of the folks in Montana. I look forward to working
with my colleagues in the Senate to move this important piece of
legislation forward.
______
By Mr. SANTORUM (for himself, Mr. Talent, and Mr. Isakson):
S. 3564. A bill to provide for comprehensive border security and for
other purposes; to the Committee on the Judiciary.
Mr. SANTORUM. Mr. President, I rise today to introduce a bill that I
believe offers us an opportunity to move forward in the immigration
debate. My bill takes a first-things-first approach. It is imperative
that we secure our borders now. This first step cannot--and should not
have to--wait for a ``comprehensive'' solution. Once we secure our
borders, we can look at all of the other illegal immigration related
issues that remain. There is a bipartisan consensus on what needs to be
done on border security and the provisions that make up this consensus
were included with other more controversial elements in S. 2611--the
Comprehensive Immigration Reform Act of 2006. While the other body is
holding hearings on the ``comprehensive'' part of that bill, we should
not hold our border security hostage.
My bill will significantly increase the assets available for
controlling our borders. It provides more inspectors, more marshals,
and more border patrol agents on both the northern and southern
borders. It provides new aerial vehicles and virtual fencing--camera,
sensors, satellite and radar coverage, et cetera. It increases our
surveillance assets and their deployment, and provides for new
checkpoints and ports of entry. It includes Senator Sessions' amendment
for greater fencing along our southern border, including 370 miles of
triple-layered fencing and 500 miles of vehicle barriers. It also
provides for the acquisition of more helicopters, powerboats, motor
vehicles, portable computers, radio communications, hand-held global
positioning devices, night vision equipment, body armor, weapons, and
detention space.
While we know these resources will be critical improvements, it does
not just throw resources at the problem. My bill requires a
comprehensive national strategy for border security, surveillance,
ports of entry, information exchange between agencies, increasing the
capacity to train border patrol agents and combating human smuggling.
It enhances initiatives on biometric data, secure communications for
border patrol agents, and document fraud detection. It includes Senator
Ensign's amendment to temporarily deploy the National Guard to support
the border patrol in securing our southern land border. Additionally,
it increases punishment for the construction of border tunnels or
passages.
When our borders are not secure, it is our cities and counties are on
the frontlines, particularly those closest to the borders.
Unfortunately, the negative impacts of illegal immigration are not
limited to our border towns. Recently I worked with communities in
Southeastern Pennsylvania--Allentown, Easton, Bethlehem, Reading and
Lancaster--as well as the U.S. Attomey for the Eastern District of
Pennsylvania, Pat Meehan, to get one of the six recent Anti-Gang
Initiative grants given by the Department of Justice. This area, called
the Route 222 Corridor, was the only nonmetropolitan area to receive
one of the $2.5 million grants to combat growing criminal activity in
part because of illegal immigrants. However, I raise this issue here
because U.S. Attorney Meehan's letter explains this issue very
succinctly. He stated ``[e]ach city is seeing extensive Latino
relocation to its poorer neighborhoods and housing projects. Once
largely Puerto Rican, the minority populations are increasingly from
Central America. Simultaneously, Mexican workers migrate to the
agricultural areas around Lancaster, creating a southern link to
criminal networks. The urban core is therefore transient, poor, non-
English speaking and often undocumented . . . In this fertile
environment, the Latin Kings, Bloods, NETA and lately MS-13, are
recruiting or fighting with local gangs for control of the drug
markets. Violence is a daily byproduct.''
My bill provides relief for cities, counties and States dealing with
increased costs because of illegal immigration--specifically those
caused by the criminal acts of illegal immigrants. There are four
programs included in my bill to address these issues. First, there are
grants to law enforcement agencies within 100 miles of the Canadian or
Mexican borders or such agencies where there is a lack of security and
a rise in criminal activity because of the lack of border security,
including a preference for communities with less than 50,000 people.
Second, local governments can be reimbursed for costs associated with
processing criminal illegal aliens such as indigent defense, criminal
prosecution, translators and court costs. Third, State and local law
enforcement agencies can be reimbursed for expenses incurred in the
detention and transportation of an illegal alien to Federal custody.
Finally, reimbursements are available for costs incurred in prosecuting
criminal cases that were federally-initiated but where the Federal
entity declined to prosecute. In addition, my bill requires the
Secretary of Homeland Security to provide sufficient transportation and
officers to take illegal aliens apprehended by State and local law
enforcement officers into custody for processing at a detention
facility operated by the Department, and that the Secretary designate
at least one Federal, State, or local facility in each State as the
central facility to transfer custody to the Department of Homeland
Security.
This bill also expedites the removal of criminal aliens from
correctional facilities and expands border security programs through
the Department of Commerce such as the Carrier Initiative, the Americas
Counter Smuggling Initiative, the Container Security Initiative, and
the Free and Secure Trade Initiative.
Throughout the debate on immigration reform, I have consistently
stated that the first thing we must do is secure our Nation's borders.
While the House and Senate are working to come to an agreement on the
broader issues in the immigration bill, I am pleased to be introducing
the Border Security First Act today with my colleague from Georgia,
Senator Isakson, and my colleague from Missouri, Senator Talent,
because our borders must be secured now--not later. In the post 9/11
world we live in, our national security depends on our border security.
We need to know who is coming into our country, where they are from,
and what they are doing here. We must put first things first--we must
secure our Nation's borders. I hope that my Senate colleagues will join
me in recognizing the urgency of addressing this issue without delay.
____________________