[Congressional Record Volume 153, Number 143 (Tuesday, September 25, 2007)]
[Senate]
[Pages S12044-S12046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2008--Continued


                           Amendment No. 3047

                             Cloture Motion

  Mr. CASEY. Mr. President, I ask unanimous consent that the Senate 
resume consideration of H.R. 1585, that the amendments to the 
substitute be laid aside, and the Senate proceed to the Hatch amendment 
No. 3047; that the cloture motion at the desk on the amendment be 
considered as having been filed and reported, and the Senate then 
resume the regular order regarding the bill, and then return to morning 
business.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 3047) is as follows:

[[Page S12045]]

                           AMENDMENT NO. 3047

   (Purpose: To require comprehensive study and support for criminal 
  investigations and prosecutions by State and local law enforcement 
                               officials)

       At the appropriate place in the substitute add the 
     following:

     SEC. __. COMPREHENSIVE STUDY AND SUPPORT FOR CRIMINAL 
                   INVESTIGATIONS AND PROSECUTIONS BY STATE AND 
                   LOCAL LAW ENFORCEMENT OFFICIALS.

       (a) Studies.--
       (1) Collection of data.--
       (A) Definition of relevant offense.--In this paragraph, the 
     term ``relevant offense'' means a crime described in 
     subsection (b)(1) of the first section of Public Law 101-275 
     (28 U.S.C. 534 note) and a crime that manifests evidence of 
     prejudice based on gender or age.
       (B) Collection from cross-section of states.--Not later 
     than 120 days after the date of enactment of this Act, the 
     Comptroller General of the United States, in consultation 
     with the National Governors' Association, shall, if possible, 
     select 10 jurisdictions with laws classifying certain types 
     of offenses as relevant offenses and 10 jurisdictions without 
     such laws from which to collect the data described in 
     subparagraph (C) over a 12-month period.
       (C) Data to be collected.--The data described in this 
     paragraph are--
       (i) the number of relevant offenses that are reported and 
     investigated in the jurisdiction;
       (ii) the percentage of relevant offenses that are 
     prosecuted and the percentage that result in conviction;
       (iii) the duration of the sentences imposed for crimes 
     classified as relevant offenses in the jurisdiction, compared 
     with the length of sentences imposed for similar crimes 
     committed in jurisdictions with no laws relating to relevant 
     offenses; and
       (iv) references to and descriptions of the laws under which 
     the offenders were punished.
       (D) Costs.--Participating jurisdictions shall be reimbursed 
     for the reasonable and necessary costs of compiling data 
     collected under this paragraph.
       (2) Study of relevant offense activity.--
       (A) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall complete a study and submit to Congress a report 
     that analyzes the data collected under paragraph (1) and 
     under section 534 of title 28, United States Code, to 
     determine the extent of relevant offense activity throughout 
     the United States and the success of State and local 
     officials in combating that activity.
       (B) Identification of trends.--In the study conducted under 
     subparagraph (A), the Comptroller General of the United 
     States shall identify any trends in the commission of 
     relevant offenses specifically by--
       (i) geographic region;
       (ii) type of crime committed; and
       (iii) the number and percentage of relevant offenses that 
     are prosecuted and the number for which convictions are 
     obtained.
       (b) Assistance Other Than Financial Assistance.--At the 
     request of a law enforcement official of a State or a 
     political subdivision of a State, the Attorney General, 
     acting through the Director of the Federal Bureau of 
     Investigation and in cases where the Attorney General 
     determines special circumstances exist, may provide 
     technical, forensic, prosecutorial, or any other assistance 
     in the criminal investigation or prosecution of any crime 
     that--
       (1) constitutes a crime of violence (as defined in section 
     16 of title 18, United States Code);
       (2) constitutes a felony under the laws of the State; and
       (3) is motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.
       (c) Grants.--
       (1) In general.--The Attorney General may, in cases where 
     the Attorney General determines special circumstances exist, 
     make grants to States and local subdivisions of States to 
     assist those entities in the investigation and prosecution of 
     crimes motivated by animus against the victim by reason of 
     the membership of the victim in a particular class or group.
       (2) Eligibility.--A State or political subdivision of a 
     State applying for assistance under this subsection shall--
       (A) describe the purposes for which the grant is needed; 
     and
       (B) certify that the State or political subdivision lacks 
     the resources necessary to investigate or prosecute a crime 
     motivated by animus against the victim by reason of the 
     membership of the victim in a particular class or group.
       (3) Deadline.--An application for a grant under this 
     subsection shall be approved or disapproved by the Attorney 
     General not later than 10 days after the application is 
     submitted.
       (4) Grant amount.--A grant under this subsection shall not 
     exceed $100,000 for any single case.
       (5) Report and audit.--Not later than December 31, 2008, 
     the Attorney General, in consultation with the National 
     Governors' Association, shall--
       (A) submit to Congress a report describing the applications 
     made for grants under this subsection, the award of such 
     grants, and the effectiveness of the grant funds awarded; and
       (B) conduct an audit of the grants awarded under this 
     subsection to ensure that such grants are used for the 
     purposes provided in this subsection.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated $5,000,000 for each of the fiscal years 
     2008 and 2009 to carry out this section.


                             Cloture Motion

  The cloture motion having been presented under rule XXII is as 
follows:

                             Cloture Motion

       We, the undersigned Senators, in accordance with the 
     provisions of rule XXII of the Standing Rules of the Senate, 
     do hereby move to bring to a close debate on the pending 
     Hatch amendment No. 3047 relating to hate crimes to Calendar 
     No. 189, H.R. 1585, National Defense Authorization Act for 
     Fiscal Year 2008.
         Mitch McConnell, Orrin Hatch, Pete Domenici, John 
           Barrasso, Trent Lott, Tom Coburn, Jon Kyl, Mike Crapo, 
           Judd Gregg, Kay Bailey Hutchison, Johnny Isakson, John 
           Thune, Lindsey Graham, Wayne Allard, C.S. Bond, Bob 
           Bennett, Michael B. Enzi.

  Mr. CASEY. Mr. President, I rise to speak on the amendment that I 
have filed to H.R. 1545, the National Defense Authorization Act for 
fiscal year 2008. My amendment expresses the sense of Congress that an 
appropriate site be established within the Arlington National Cemetery 
for a small memorial to the memory of the 40 members of the U.S. Armed 
Forces who perished in an airplane crash at Bakers Creek, Australia, on 
June 14, 1943. A similar provision is already included in the House 
version of the fiscal year 2008 DOD authorization bill, and so it is 
important for the Senate to declare its support for this worthy cause.
  On June 14, 1943, a B-17C Flying Fortress aircraft was transporting a 
group of U.S. servicemen from the city of Mackay in Queensland, 
Australia. The 35 servicemen, accompanied by six crew members, were 
returning to the jungle battlefields of New Guinea to continue their 
brave fight against the enemy Japanese forces. They had spent 
approximately 10 days in Mackay enjoying a much needed break at 
American Red Cross rest and recreation facilities, whose location in 
Australia was not widely known at the time. The aircraft lifted off 
into a fog and, 5 minutes after takeoff, crashed 5 miles south at 
Bakers Creek, killing everyone on board except for a sole survivor.
  To this day, the cause of the crash remains a mystery. History books, 
to a certain extent, have obscured this event even though it remains 
the deadliest plane crash in Australian history. There is a reason for 
that. The press was not allowed to report the crash when it occurred--
owing to wartime censorship laws. The relatives of those who perished 
received telegrams from the U.S. War Department only stating that their 
loved ones had been killed somewhere in the South West Pacific. Secrecy 
shrouded this plane crash because the U.S. military was not eager to 
either tip off nearby Japanese forces on the presence of U.S. troops in 
Australia or feed enemy propaganda. For that reason, this plane crash 
that has proved to be the worst single airplane crash in the South West 
Pacific theater during World War II--remained an official secret for 15 
years after the end of the war.
  The amendment before the Senate today would seek to provide a lasting 
tribute to the bravery and dedication of these young American men. It 
would establish the sense of the Congress that a permanent memorial, 
modest in size and nature, should be located at an appropriate place in 
Arlington National Cemetery. For too long, the truth on how these young 
men died in the service of their Nation has been hidden away--albeit 
for understandable reasons. Next June 14, 2008 will mark the 65th 
anniversary of the forgotten tragedy. Now is the time to mark their 
sacrifices with the proper level of respect and reverence.
  The memorial to honor the lives and sacrifice of these 40 American 
heroes has already been constructed, yet it lies on foreign soil. The 
memorial, built by Codori Memorials of Gettysburg, PA, today stands on 
the grounds of the Australian Embassy here in our Nation's Capital. It 
is a very small memorial--5 feet 2 inches high and 4 feet wide at the 
base, occupying only 5\1/2\ square feet of land. We thank Ambassador 
Dennis Richardson and the Government of Australia for so graciously 
hosting this memorial; we are reminded of the long-standing alliance 
between our two great nations. Yet it is time for the official memorial 
to

[[Page S12046]]

these American heroes to come home, to be welcomed at Arlington 
National Cemetery where it can take its rightful place among our fallen 
heroes.
  Each of the 40 Americans who perished in this crash is a true hero 
who gave their lives to the cause of our Nation. To date, the Bakers 
Creek Memorial Association has located the families of 38 of the 40 
casualties. They continue to search for relatives of the remaining two 
soldiers to notify them of the specifics surrounding their loved one's 
deaths.
  I wish to claim prerogative on behalf of my home State to take note 
of the six Pennsylvanians killed in this tragic crash. Each of their 
families still resides in Pennsylvania. Their names and hometowns are 
as follows: PFC James E. Finney, Erie, PA; TSGT Alfred H. Frezza, 
Altoona, PA; SGT Donald B. Kyper, Hesston, PA; PFC Frank S. Penksa, 
Moscow, PA; PFC Anthony Rudnick, Haddon Heights, PA; CPL Raymond H. 
Smith, Oil City, PA
  I am joined in this effort by Senator Specter. It is time to do right 
by these forgotten American heroes and give them and their families a 
memorial at Arlington National Cemetery that is worthy of their valor, 
worthy of their honor.

                          ____________________