To require comprehensive study and support for criminal investigations and prosecutions by State and local law enforcement officials.

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.

____________________