[Congressional Record Volume 156, Number 160 (Tuesday, December 7, 2010)]
[House]
[Pages H8064-H8066]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




TREATING AMERICAN SAMOA AND NORTHERN MARIANA ISLANDS AS SEPARATE STATES 
                 FOR CERTAIN CRIMINAL JUSTICE PROGRAMS

  Mr. SCOTT of Virginia. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 3353) to provide for American Samoa and the 
Commonwealth of the Northern Marianas to be treated as States for 
certain criminal justice programs.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3353

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. TREATMENT AS A STATE FOR AMERICAN SAMOA AND CNMI.

       Section 901(a)(2) of Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3791(a)(2)) is amended by striking 
     ``Islands:'' and all that follows through the period and 
     inserting ``Islands;''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Scott) and the gentleman from California (Mr. Daniel E. 
Lungren) each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. SCOTT of Virginia. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. I yield myself such time as I may consume.
  Mr. Speaker, H.R. 3353 will allow the Commonwealth of the Northern 
Mariana Islands and American Samoa to be treated as two separate 
entities for the purposes of the Edward Byrne Memorial Justice 
Assistance Grant Program. Currently, these two areas are treated as one 
State for the distribution of Federal Byrne grants.
  The Byrne Justice Assistance grants are a leading source of Federal 
justice funding to State and local jurisdictions. The program provides 
States, tribes, and local governments with critical funding necessary 
to support a range of program areas, including law enforcement, 
prosecution, courts, prevention, education, corrections, and crime 
victim and witness initiatives.
  Although this bill does not change the Byrne grant formula, 
particularly the statutory minimum amount of the 0.25 percent that each 
State or territory is entitled to, it does change how the Northern 
Mariana Islands and American Samoa will be given funding under the 
grant program. The statutory minimum is granted to a State regardless 
of its population or crime rates. However, the Byrne grant funding 
increases if States have larger populations and higher crime rates. The 
three other territories--Puerto Rico, Guam, and the United States 
Virgin Islands--are presently entitled to the minimum funding, as are 
all 50 States. The objective of this legislation is to provide the 
Northern Mariana Islands and American Samoa with the same statutory 
minimum to which every other State and territory is entitled.
  I urge my colleagues to support the legislation.
  I reserve the balance of my time.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, I yield myself such 
time as I may consume.
  Today, Mr. Speaker, I rise in support of H.R. 3353, which does 
provide for American Samoa and the Commonwealth of the Northern Mariana 
Islands to be treated as States for certain criminal justice programs.
  This is sponsored by Mr. Sablan from the Northern Mariana Islands. We 
thank him for bringing this forward to us. As the gentleman from 
Virginia said, this will allow these two territories to be treated 
individually for the Byrne Grant Program. This will assist both of them 
in dealing with some of the law enforcement challenges that they have.
  This increase in formula grant funding will provide additional 
resources to territorial law enforcement officials to help them combat 
crime. For example, this additional funding will help officials cover 
the costs of purchasing and maintaining police vehicles and other 
equipment which have to be shipped to the island.
  H.R. 3353 will also help the territorial governments to provide much-
needed services to the victims of crime. Because of the remoteness of 
the Northern Mariana Islands and American Samoa, these costs are quite 
high and services are very limited. For instance, there are three main 
inhabited islands in the Northern Mariana Islands but only one shelter 
that provides services for victims of domestic violence.

  The increase in Byrne JAG grants will also help to build capacity and 
sustain programs to serve crime victims. As there are a limited number 
of crime victim specialists and advocates in the territories, these 
funds can be used to hire and relocate additional staff from the U.S. 
mainland.
  This is important legislation that will help law enforcement 
officials in the Northern Marianas and American Samoa to accomplish 
their mission. So I support this bill, and I ask my colleagues to vote 
in favor of its adoption.
  I reserve the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 5 minutes to the 
gentleman from the Northern Mariana Islands (Mr. Sablan).
  Mr. SABLAN. Mr. Speaker, I rise in support of H.R. 3353, the bill I 
introduced to improve the effectiveness of the Byrne Justice Assistance 
Grant Program in the Northern Mariana Islands and in American Samoa.
  I want to thank Chairman John Conyers, Chairman Bobby Scott, and 
their staff for their help in bringing this bill to the House floor. I 
also want to thank my colleagues on the other side of the aisle for 
their support for my bill under a suspension of the rules.
  Approval of H.R. 3353 would further our national policy to support a 
broad range of activities carried out by State and territorial 
governments to prevent and control crime, as well as to improve their 
criminal justice systems. Program funds are allocated using a formula 
that provides a minimum amount for each jurisdiction to accomplish 
these goals. The sole exceptions

[[Page H8065]]

are the Northern Marianas and American Samoa, which are funded as the 
equivalent of a single jurisdiction despite that these two are two 
separate jurisdictions with entirely separate local governments, and 
each of those governments has responsibility for the same basic 
criminal justice system as any other State or territory.
  In the Northern Mariana Islands, this includes a system of district, 
superior, and supreme courts, a probation system, a prison for long-
term incarceration, a juvenile detention facility, and programs to 
assist the victims of crimes. This is the same range of activities as 
is found in any other jurisdiction in America. Yet, as currently 
structured, the Byrne JAG Program only provides one-third of the base 
level of support for these activities that is provided everywhere else 
in our country. H.R. 3353 rectifies that difference.
  The result will be a more robust criminal justice system. For 
example, law enforcement officers have described to me the lack of 
resources or outdated equipment they possess for many years. In 
particular, one Captain explained that, ``[p]atrol vehicles are 
breaking down faster than we can get them out of the auto shops.'' It 
is my hope that law enforcement officers in Saipan, Tinian and Rota can 
have the necessary resources to carry out their duties without having 
to worry about what they do not have when they respond to a shooting, a 
robbery, or a domestic violence dispute. Adequately providing for our 
law enforcement officers is one example of improving our criminal 
justice system.
  Since its inception in 1988, the Byrne JAG Program has supported law 
enforcement officers, corrections and community corrections programs, 
crime victim initiatives, and prosecution and court programs in all 
States and Territories, but not to the same degree. H.R. 3353 will 
finally bridge that gap for the Northern Marianas and for American 
Samoa, helping to create safer and more just communities for all.
  I ask my colleagues to support H.R. 3353.
  Mr. SCOTT of Virginia. Mr. Speaker, I yield 4 minutes to the 
gentlelady from California (Ms. Richardson).
  Ms. RICHARDSON. Mr. Speaker, as representative of a district with 
28,000 Samoan Americans, the largest Samoan population in this country, 
I rise today in support of H.R. 3353, which will provide for American 
Samoa and the Northern Mariana Islands to be treated as States for 
criminal justice funding.
  This legislation will protect the people of these islands by securing 
the resources necessary to employ criminal justice programs that are 
most capable of addressing the specific needs in their area. It's kind 
of like asking why I wouldn't think that the city of Long Beach and the 
city of Los Angeles wouldn't garner equal funding appropriately.
  I thank Chairman Conyers and Chairman Scott, as well, for their 
leadership in bringing forth this bill. I also applaud Congressman 
Sablan, the sponsor of this legislation, for his dedicated leadership 
on this issue and many others that have been promoting the interests 
and safety of the people of the Northern Marianas and American Samoa, 
which is represented by Eni Faleomavaega.

                              {time}  1710

  When we amend the Omnibus Crime Control and Safe Streets Act of 1968 
to treat American Samoa and the Northern Mariana Islands as separate 
States, we will allow the appropriation of funding for vital criminal 
justice programs that will keep these communities safe. And they 
deserve them.
  There are over 66,000 people living in American Samoa, and there are 
over 48,000 people living in the Northern Marianas. Each of these 
islands has their own unique culture, history, and their own way of 
dealing with things, including their challenges. The people of these 
islands deserve separate funding under this legislation that will allow 
them to appropriately and innovatively address their specific criminal 
justice issues. Protecting communities and fighting crime requires not 
just a fair share of funding, but it also requires flexibility to apply 
for the funding in a way that suits that specific community.
  I have traveled to American Samoa. I had an opportunity to go there 
this year. And we worked on the earthquake and the subsequent tsunami. 
And many people in my district helped to bring tons and tons of items, 
over 90,000 tons to be specific, to help the people in the communities. 
Having learned about their culture, government, and their unique 
identity, I am certain that passing this bill is the right thing and 
the fair thing to do. Again, as Representative of this district, I 
stand in full support of the efforts today. It's imperative that we 
pass this legislation now, without delay.
  I urge my colleagues to join me in supporting H.R. 3353.
  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in strong support of H.R. 
3353, legislation to provide for American Samoa and the Commonwealth of 
the Northern Mariana Islands (CNMI) to be treated as States in the 
Edward Byrne Memorial Justice Grant program, also known as JAG.
  First I want to commend the gentleman from the CNMI, Mr. Gregorio 
Kilili Sablan, for his authorship of this important legislation, and I 
also want to commend the gentleman from Puerto Rico, Mr. Pedro 
Pierluisi, for his work and assistance. I want to also thank Mrs. Donna 
Christensen and Mrs. Madeleine Bordallo and all my colleagues for their 
support.
  The proposed legislation, H.R. 3353, will fix an inconsistency in the 
method used to allocate funding through the JAG program. The current 
proposal provides that American Samoa and the CNMI be treated the same 
as other States, each will receive a 100 percent allocation.
  Historically, the JAG program memorializes Officer Edward R. Byrne of 
the 103rd precinct of the New York City police, who was gunned down in 
the line of duty in the early morning of February 26, 1988. Officer 
Byrne was shot five times in the head. He was only 22 years old.
  Since its existence, the JAG program has provided critical funding to 
States and Territories to aid several justice programs including: law 
enforcement, prosecution and court, prevention and education, 
corrections and community corrections, drug treatment, planning, 
evaluation, and technology improvement, crime victims and witness 
protections.
  But while the Territories are treated as States, not all receive the 
same share. In particular, while the rest of the Territories and States 
are funded at 100 percent each, only American Samoa at 67 percent and 
the CNMI at 33 percent are treated as less than one whole. American 
Samoa and the CNMI combined is equivalent to the share of one State.
  Fixing this inconsistency is important to us because, as part of the 
American family, we all serve the U.S. Constitution. It is the same 
constitution that provides equality for all Americans in as far away 
and isolated insular areas as in American Samoa and the CNMI. 
Therefore, despite population sizes and other statistical indices that 
serve as basis for allocation, constitutionally, the degree of need in 
American Samoa and the CNMI is no less critical than elsewhere in the 
United States.
  Earlier this year, Lt. Detective Lusila Brown, a veteran of the 
American Samoa police force, was gunned down in the line of duty. In 
broad daylight with many watching unexpectedly, he was shot and killed 
in front of our High Court building. Gruesome images of the gunman with 
gun in hand standing over the fallen officer serve as a brutal reminder 
to all that even in a remote and isolated place, a place known mainly 
for its vast natural resources and peaceful surroundings, we are no 
less vulnerable to the most heinous and violent crimes known to 
society.
  Mr. Speaker, I urge my colleagues to support H.R. 3353 and give 
American Samoa and CNMI their fair share of this important program.
  Mr. DANIEL E. LUNGREN of California. Mr. Speaker, again I reiterate 
my support for H.R. 3353.
  I yield back the balance of my time
  Mr. SCOTT of Virginia. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and pass the bill, H.R. 3353.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SCOTT of Virginia. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

[[Page H8066]]



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