[Congressional Record Volume 145, Number 36 (Monday, March 8, 1999)]
[Senate]
[Pages S2412-S2418]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. GRAMM:
S. 559. A bill to designate the Federal building located at 33 East
8th Street in Austin, Texas, as the ``J.J. `Jake' Pickle Federal
Building''; to the Committee on Environment and Public Works.
J.J. ``Jake'' Pickle Federal Building
Mr. GRAMM. Mr. President, today I join with Senator Kay Bailey
Hutchison in introducing a bill to name the Austin, Texas federal
building in honor of a great Texan: Congressman J.J. ``Jake'' Pickle.
Congressman Pickle became an institution in Washington, D.C. throughout
his 30-year tenure in Congress, and his dedication and service to the
people of Austin and Central Texas continue today. I had the pleasure
to serve with him in the House of Representatives, and I hold him in
high esteem for the man he is and the spirit in which he served. Jake
Pickle walked with giants like Lyndon Johnson and Sam Rayburn, and he
is a giant in his own right. I believe that naming the federal building
in Austin in Jake's honor is a fitting tribute to his service on behalf
of our great state and in recognition of his significant and ever-
lasting contributions to our country.
______
By Mr. DASCHLE (for Mr. Lautenberg (for himself, Mr. Durbin, Mr.
Schumer, and Mr. Reed)):
S. 560. A bill to reform the manner in which firearms are
manufactured and distributed by providing an incentive to State and
local governments to bring claims for the rising costs of gun violence
in their communities; to the Committee on the Judiciary.
THE GUN INDUSTRY ACCOUNTABILITY ACT OF 1999
Mr. LAUTENBERG. Mr. President, I rise to introduce the Gun Industry
Accountability Act of 1999 along with my colleagues, Senators Durbin,
Schumer, and Reed of Rhode Island. This legislation is aimed at one
purpose: to force the gun industry to market and manufacture their
products in a safer and more responsible manner.
Mr. President, on Thursday, March 4th I was joined at the
announcement of this bill by Mayor Bill Campbell of Atlanta and Mayor
Alex Penelas of Miami-Dade County. They represent two of the now five
jurisdictions that have filed claims against the gun industry on behalf
of the taxpayers of their communities. They seek reimbursement for the
massive costs of gun violence within their borders and ultimately,
major changes in the way the gun industry sells its lethal products.
Mr. President, the gun industry has long placed profits above the
safety of society. The industry ignores numerous, patented safety
devices for guns--even things as simple as an indicator of whether a
gun is loaded. The distributors of firearms also intentionally flood
certain markets with guns, knowing that the excess weapons will make
their way into a nearby illegal market.
The lawsuits by these courageous mayors will likely prove to be the
most effective mechanism to get the Industry to alter their deadly
practices. The reason is simple: it will bring the gun merchants into
line by striking where they are most sensitive--the bottom line.
To aid this effort, the Gun Industry Accountability Act will
strengthen the hand of the cities in court against the formidable
firepower of the gun industry and its team of high-priced lawyers. It
will help these mayors in their quest to get the industry to lay down
its weapons, come to the table and finally agree to behave as
responsible corporate citizens.
Mr. President, under current law, these cities filing claims against
the gun industry are only able to recover the costs that their city or
county has paid out due to gun violence. The Gun Industry
Accountability Act will strengthen the mayors' hands by allowing them
to recover both the city's costs for gun victims in their area as well
as the Federal costs associated with these same victims. If a city
eventually recovers Federal costs, either through a court judgment or
settlement, then the city will be permitted to keep two thirds of the
recovery and return the remaining one third to the Federal Government.
By increasing the likely reward for bringing a lawsuit against
firearms manufacturers, this legislation will serve as an incentive for
more cities, counties and States to join the fight to hold the gun
industry accountable. When our legislation passes, it will force the
industry to stare down the double barrel of local and federal liability
in these suits.
Mr. President, the potential federal liability is substantial. The
National Center for Injury Prevention and Control tells us that 80
percent of the economic costs of treating firearms injuries are paid
for by taxpayers.
Federal taxpayers pick up the tab for disability payments through
SSI, Veterans Administration, Unemployment, Medicare and other costs of
treating victims of gun violence.
Mr. President, despite these enormous costs, the gun industry and its
friends in the National Rifle Association will go to any length to
avoid accountability. The NRA and its corporate members are seeking
state and federal legislation to take away the rights of mayors to
safeguard their citizens against unsafe products and irresponsible
marketing practices.
Unfortunately, the NRA's drive against the legal rights of local
communities has already succeeded in at least one state. In Georgia,
the state legislature has already passed a bill at the NRA's request to
retroactively block the City of Atlanta's suit. Mayor Campbell has
already asked the court system to throw out the legislature's
unconstitutional action.
The NRA's extremism has reached new heights in Florida. In that state
legislature, a bill has been introduced that would not only block
Miami-Dade's lawsuit, but also declare Mayor Penelas a felon! In the
NRA's world, a public official should be imprisoned for acting to
protect the safety of his or her constituents.
Mr. President, here in Congress there is already talk of Federal
legislation to block cities, counties and States from asserting their
rights in court. If such a bill is introduced it will prove that the
era of Big Government is certainly not over.
Mr. President, I pledge that I will do all I can to make sure that
bill will never pass the Senate. Senators Durbin, Schumer, Reed and I
will work tirelessly against such an unconscionable proposal.
Congress should be helping these local communities make their streets
safer--not block them from accomplishing that goal.
To that end, I urge my colleagues to join us in cosponsoring the Gun
Industry Accountability Act.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 560
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 ``Gun Industry Accountability
Act''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Across the Nation, local communities are bringing
rightful legal claims against the gun industry to seek
changes in the manner in which the industry conducts business
in the civilian market in those communities.
(2) Since firearms are the only widely available consumer
product designed to kill, firearm manufactures, distributors,
and retailers have a special responsibility to take into
account the health and safety of the public in marketing
firearms.
(3) The gun industry has failed in this responsibility by
engaging in practices that have contributed directly to the
terrible burden of firearm-related violence on society.
(4) The gun industry has generally refused to include
numerous safety devices with
[[Page S2413]]
their products, including devices to prevent the unauthorized
use of a firearm, indicators that a firearm is loaded, and
child safety locks, and the absence of such safety devices
has rendered these products unreasonably dangerous.
(5) The gun industry has also engaged in distribution
practices in which the industry oversupplies certain legal
markets with firearms with the knowledge that the excess
firearms will be distributed into nearby illegal markets.
(6) According to the National Center for Injury Prevention
and Control--
(A) at least 80 percent of the economic costs of treating
firearms injuries are paid for by taxpayer dollars; and
(B) in 1990, firearm injuries resulted in costs of more
than $24,000,000,000 in hospital and other medical care for
long-term disability and premature death.
SEC. 3. DEFINITIONS.
In this Act:
(1) Federal damages.--The term ``Federal damages'' means
the amount of damages sustained by the Federal Government as
a result of the sale, distribution, use or misuse of a
firearm (including gun violence) including damages relating
to medical expenses, the costs of continuing care and
disabilities, law enforcement expenses, and lost wages.
(2) Firearm.--The term ``firearm'' has the meaning given
the term in section 921 of title 18, United States Code.
(3) Gun violence.--The term ``gun violence'' means any
offense under Federal or State law that--
(A) constitutes a crime of violence (as defined in section
16 of title 18, United States Code); and
(B) involves the use of a firearm.
(4) Manufacturer.--The term ``manufacturer'' has the
meaning given the term in section 921 of title 18, United
States Code;
(5) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana
Islands.
(6) Unit of local government.--The term ``unit of local
government'' means any city, town, township, county, parish,
village, or other general purpose political subdivision of a
State.
SEC. 4. RECOVERY OF FEDERAL DAMAGES BY STATES AND UNITS OF
LOCAL GOVERNMENT SEEKING FEDERAL DAMAGES.
(a) In General.--In any civil action by a State or unit of
local government against a manufacturer of firearms to
recover damages relating to the sale, distribution, use or
misuse of a firearm (including gun violence) in the State or
unit of local government, the State or unit of local
government may, in addition to other damages, recover any
Federal damages associated with the claim as provided in this
section.
(b) Federal Actions.--If the Attorney General files an
action against a manufacturer of firearms to recover Federal
damages, a State or unit of local government may not recover
those Federal damages under this section in any action filed
on or after the date on which the Attorney General files that
action.
(c) Actions brought by a State or Unit of Local
Government.--
(1) Notice of civil action.--A State or unit of local
government seeking to recover Federal damages under this
section shall serve a copy of the complaint on Attorney
General in accordance with rule 4 of the Federal Rules of
Civil Procedure.
(2) Entry of appearance.--If the Attorney General is served
under paragraph (1), the Attorney General may proceed with
the action by entering an appearance before the expiration of
the 30-day period beginning on the date on which the Attorney
General is served under paragraph (1).
(3) Effect of failure to enter appearance or proceed with
the action.--If a State or unit of local government serves
the Attorney General under paragraph (1), the State of unit
of local government may recover Federal damages under this
section only if the Attorney General--
(A) fails to enter an appearance in the action in
accordance with paragraph (2) or gives written notice to the
court of an intent not to enter the action; or
(B) does not proceed with the action before the expiration
of the 6-month period (or such addition period as the court
may allow after notice) beginning on the date on which the
Attorney General enters an appearance under paragraph (2).
(4) Limitation.--If the Attorney General enters an
appearance under paragraph (2) and proceeds with the action
before the expiration of the 6-month period described in
paragraph (3)(B), the State or unit of local government may
not recover Federal damages under this section.
(d) Prevention of Dual Recovery of Federal Damages.--If
there is a conflict between a State and 1 or more units of
local government within the State over which jurisdiction may
recover Federal damages under this section on behalf of a
certain area in the State, only the first jurisdiction to
file an action described in subsection (a) may recover those
Federal damages.
(e) Federal Right to Damages in Other Actions.--The
recovery of Federal damages by a State or unit of local
government under this section may not be construed to waive
any right of the Federal Government to recover other Federal
damages in an action by the Attorney General.
(f) Dismissal or Compromise.--
(1) In general.--In an action for Federal damages brought
by a State or unit of local government under this section--
(A) the action may not be dismissed or compromised without
the approval of the court; and
(B) notice of the proposed dismissal or compromise shall be
given to the Attorney General in such manner as the court
directs.
(2) Court approval.--In approving the dismissal or
compromise of an action described in paragraph (1), the court
shall--
(A) state whether the dismissal or compromise is with or
without prejudice to the right of the Federal Government to
bring an action for the Federal damages at issue; and
(B) determine the percentage of any amount recovered by the
State or unit of local government that represents Federal
damages.
(g) Distribution and Use of Federal Damages Recovered.--Of
the total amount of Federal damages recovered by a State or
local government under this section (including any amount
recovered pursuant to a dismissal or compromise under
subsection (f))--
(1) \1/3\ shall be paid to the Federal Government, to be
used for crime prevention, mentoring programs, and firearm
injury prevention research and activities; and
(2) \2/3\ shall be retained by the State or unit of local
government, of which--
(A) \1/3\ shall be used for--
(i) law enforcement activities;
(ii) families of law enforcement officers injured or killed
in the line of duty as a result of gun violence; and
(iii) a compensation fund for the victims of gun violence;
and
(B) \1/3\ shall be used for education (reduce class size,
school modernization, after school, summer school, and
tutoring), child care, or children's health care; and
(C) \1/3\ may be used by the State or unit of local
government in the discretion of the State or unit of local
government.
(h) Effective Date.--
(1) In general.--Subject to paragraph (2), this section
only applies to an action described in subsection (a) that is
filed on or after the date of enactment of this Act.
(2) Amendment of complaint in pending actions.--This
section applies to an action described in subsection (a) that
is filed before the date of enactment of this Act, if--
(A) as of such date of enactment, there has been no
dismissal, compromise, or other final disposition of the
action; and
(B) after such date of enactment, the State or unit of
local government amends the complaint to include relief for
Federal damages pursuant to this section.
______
By Mr. HARKIN (for himself, Mr. Bingaman, Mrs. Murray, Mr.
Johnson, and Mr. Dorgan):
S. 562. A bill to provide for a comprehensive, coordinated effort to
combat methamphetamine abuse, and for other purposes; to the Committee
on the Judiciary.
comprehensive methamphetamine abuse reduction act of 1999
Mr. HARKIN. Mr. President, I rise to make a few remarks concerning
Methamphetamine reduction legislation the Senator from the State of New
Mexico and I are introducing today.
Methamphetamine is fast becoming a leading illegal drug in our
Nation. From quiet suburbs, to city streets, to the corn rows of Iowa,
meth destroys thousands of lives and families every year.
This highly addictive drug is reaching epidemic proportions as it
sweeps from the west coast, ravages the Midwest, and begins to touch
the East. To illustrate the violence it elicits in people,
methamphetamine is cited as a contributing factor in 80 percent of
domestic violence cases in Iowa and a leading factor in a majority of
violent crimes committed in the State.
In 1996, I was proud to be an original cosponsor of the
Methamphetamine Control Act, which has done some good. However, in
talking to local enforcement and concerned citizens across Iowa and the
Midwest, its obvious that the methamphetamine problem has exploded
beyond anything we envisioned in 1996.
The number of meth arrests, court cases, and confiscation on labs
continues to escalate. In the Midwest alone, the number of clandestine
meth labs confiscated and destroyed for 1998 is five times the number
confiscated and destroyed in 1997. The cost of cleanup for each lab
ranges from $5,000 to $90,000 and creates a toxic trap to law
enforcement officers and children who find them.
Mr. President, the Midwest is not alone in this battle. The impact of
this epidemic has reached the West and Southwest, including the state
of New Mexico. In Albuquerque alone, law enforcement has seized four
times as much meth last year as they did in the previous year, and they
have identified and shut down twice as many meth
[[Page S2414]]
labs as they had in the previous year. New Mexico has also seen an
increase in meth trafficking on the New Mexico-Mexico border, as have
the States of Arizona and California.
The problem has spread to the rural communities and my colleague,
Senator Bingaman, is concerned that the cheap cost of meth will
threaten America's youth with yet another life-threatening drug.
That's why today, Senator Bingaman and I are introducing the
Comprehensive Methamphetamine Abuse Reduction Act of 1999. Senators
Murray and Johnson are cosponsoring this measure. A similar bill is
being introduced in the House by Congressman Boswell.
This legislation takes a comprehensive, common sense approach in
battling this growing epidemic. It calls for an increase in resources
to law enforcement working through the High Intensity Drug Trafficking
Area (HIDTA) program and establishes swift and certain penalties for
those producing and peddling meth. It also reauthorizes and expands
drug courts to help nonviolent drug abusers rid themselves of an
addiction that leads them to other crimes.
Our legislation expands school and community-based prevention efforts
at the local level--targeting those areas that need it the most. That
includes funding to allow students to develop their own anti-meth
education programs to teach their school peers about the destructive
effects of this drug.
This proposal calls on the National Institute on Drug Abuse to find
exactly what makes methamphetamine so very addictive--especially to our
young people--and the best methods for beating the addiction.
Finally, the bill calls for a joint strategic plan and national
conference involving local, State and Federal law enforcement,
education, health and elected officials to discuss solutions to stop
the spread and use of this deadly drug.
Mr. President, I believe that we have a window of opportunity as a
nation to take a stand right now to defeat this scourge. Every day,
meth infiltrates our city streets and rural towns, leading more and
more people down a path of personal destruction. Families are being
devastated and communities are fighting an uphill battle against this
powerful drug. The time is now to make a stand to protect our
communities and schools by passing this legislation.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 562
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) Short Title.--This Act may be cited as the
``Comprehensive Methamphetamine Abuse Reduction Act''.
SEC. 2. EXPANDING METHAMPHETAMINE ABUSE PREVENTION EFFORTS.
Section 515 of the Public Health Service Act (42 U.S.C.
290bb-21) is amended by adding at the end the following:
``(e) Prevention of Methamphetamine Abuse and Addiction.--
``(1) Grants.--The Director of the Center for Substance
Abuse Prevention (referred to in this section as the
`Director') may make grants to and enter into contracts and
cooperative agreements with public and nonprofit private
entities to enable such entities--
``(A) to carry out school-based programs concerning the
dangers of methamphetamine abuse and addiction, using methods
that are effective and evidence-based, including initiatives
that give students the responsibility to create their own
anti-drug abuse education programs for their schools; and
``(B) to carry out community-based methamphetamine abuse
and addiction prevention programs that are effective and
evidence-based.
``(2) Use of funds.--Amounts made available under a grant,
contract or cooperative agreement under paragraph (1) shall
be used for planning, establishing, or administering
methamphetamine prevention programs in accordance with
paragraph (3).
``(3) Prevention programs and activities.--
``(A) In general.--Amounts provided under this subsection
may be used--
``(i) to carry out school-based programs that are focused
on those districts with high or increasing rates of
methamphetamine abuse and addiction and targeted at
populations which are most at risk to start methamphetamine
abuse;
``(ii) to carry out community-based prevention programs
that are focused on those populations within the community
that are most at-risk for methamphetamine abuse and
addiction;
``(iii) to assist local government entities to conduct
appropriate methamphetamine prevention activities;
``(iv) to train and educate State and local law enforcement
officials, prevention and education officials, members of
community anti-drug coalitions and parents on the signs of
methamphetamine abuse and addiction and the options for
treatment and prevention;
``(v) for planning, administration, and educational
activities related to the prevention of methamphetamine abuse
and addiction;
``(vi) for the monitoring and evaluation of methamphetamine
prevention activities, and reporting and disseminating
resulting information to the public; and
``(vii) for targeted pilot programs with evaluation
components to encourage innovation and experimentation with
new methodologies.
``(B) Priority.--The Director shall give priority in making
grants under this subsection to rural and urban areas that
are experiencing a high rate or rapid increases in
methamphetamine abuse and addiction.
``(4) Analyses and evaluation.--
``(A) In general.--Not less than $500,000 of the amount
available in each fiscal year to carry out this subsection
shall be made available to the Director, acting in
consultation with other Federal agencies, to support and
conduct periodic analyses and evaluations of effective
prevention programs for methamphetamine abuse and addiction
and the development of appropriate strategies for
disseminating information about and implementing these
programs.
``(B) Annual reports.--The Director shall submit to the
Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations of the Senate and the Committee
on Commerce and Committee on Appropriations of the House of
Representatives, an annual report with the results of the
analyses and evaluation under subparagraph (A).
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1), $20,000,000
for fiscal year 2000, and such sums as may be necessary for
each succeeding fiscal year.''.
SEC. 3. EXPANDING CRIMINAL PENALTIES AND LAW ENFORCEMENT
FUNDING.
(a) Swift and Certain Punishment of Methamphetamine
Laboratory Operators.--
(1) Federal sentencing guidelines.--
(A) In general.--Pursuant to its authority under section
994(p) of title 28, United States Code, the United States
Sentencing Commission shall promulgate Federal sentencing
guidelines or amend existing Federal sentencing guidelines
for any offense relating to the manufacture, attempt to
manufacture, or conspiracy to manufacture amphetamine or
methamphetamine in violation of the Controlled Substances Act
(21 U.S.C. 801 et seq.), the Controlled Substances Import and
Export Act (21 U.S.C. 951 et seq.), or the Maritime Drug Law
Enforcement Act (46 U.S.C. App. 1901 et seq.) in accordance
with this paragraph.
(B) Requirements.--In carrying out this paragraph, the
United States Sentencing Commission shall, with respect to
each offense described in subparagraph (A)--
(i) increase the base offense level for the offense--
(I) by not less than 3 offense levels above the applicable
level in effect on the date of enactment of this Act; or
(II) if the resulting base offense level after an increase
under subclause (II) would be less than level 27, to not less
than level 27; or
(ii) if the offense created a substantial risk of danger to
the health and safety of another person (including any
Federal, State, or local law enforcement officer lawfully
present at the location of the offense, increase the base
offense level for the offense--
(I) by not less than 6 offense levels above the applicable
level in effect on the date of enactment of this Act; or
(II) if the resulting base offense level after an increase
under clause (i) would be less than level 30, to not less
than level 30.
(C) Emergency authority to sentencing commission.--The
United States Sentencing Commission shall promulgate the
guidelines or amendments provided for under this paragraph as
soon as practicable after the date of enactment of this Act
in accordance with the procedure set forth in section 21(a)
of the Sentencing Act of 1987 (Public Law 100-182), as though
the authority under that Act had not expired.
(2) Effective date.--The amendments made pursuant to this
subsection shall apply with respect to any offense occurring
on or after the date that is 60 days after the date of
enactment of this Act.
(b) Increased Resources For Law Enforcement.--There are
authorized to be appropriated to the Office of National Drug
Control Policy to combat the trafficking of methamphetamine
in areas designated by the Director of National Drug Control
Policy as high intensity drug trafficking areas--
(1) $35,000,000 for fiscal year 2000; and
(2) such sums as may be necessary for each of fiscal years
2001 through 2005;
of which not less than $5,000,000 shall be used in each
fiscal year to provide assistance to drug analysis
laboratories in areas with a high rate of methamphetamine
abuse or addiction.
[[Page S2415]]
SEC. 4. TREATMENT OF METHAMPHETAMINE ABUSE.
Section 507 of the Public Health Service Act (42 U.S.C.
290bb) is amended by adding at the end the following:
``(d) Treatment of Methamphetamine Abuse and Addiction.--
``(1) Grants.--The Director of the Center for Substance
Abuse Treatment (referred to in this section as the
`Director') may make grants to and enter into contracts and
cooperative agreements with public and nonprofit private
entities for the purpose of expanding activities for the
treatment of methamphetamine abuse and addiction as well as
for the treatment of methamphetamine addicts who also abuse
other illegal drugs.
``(2) Use of funds.--Amounts made available under a grant,
contract or cooperative agreement under paragraph (1) shall
be used for planning, establishing, or administering
methamphetamine treatment programs in accordance with
paragraph (3).
``(3) Treatment programs and activities.--
``(A) In general.--Amounts provided under this subsection
may be used for--
``(i) evidence-based programs designed to assist
individuals to quit their use of methamphetamine and remain
drug-free;
``(ii) training in recognizing and referring
methamphetamine abuse and addiction for health professionals,
including physicians, nurses, dentists, health educators,
public health professionals, and other health care providers;
``(iii) planning, administration, and educational
activities related to the treatment of methamphetamine abuse
and addiction;
``(iv) the monitoring and evaluation of methamphetamine
treatment activities, and reporting and disseminating
resulting information to health professionals and the public;
``(v) targeted pilot programs with evaluation components to
encourage innovation and experimentation with new
methodologies; and
``(vi) coordination with the Center for Mental Health
Services on the connection between methamphetamine abuse and
addiction and mental illness.
``(B) Priority.--The Director shall give priority in making
grants under this subsection to rural and urban areas that
are experiencing a high rate or rapid increases in
methamphetamine abuse and addiction.
``(4) Analyses and evaluation.--
``(A) In general.--Not more than $1,000,000 of the amount
available in each fiscal year to carry out this subsection
shall be made available to the Director, acting in
consultation with other Federal agencies, to support and
conduct periodic analyses and evaluations of effective
treatments for methamphetamine abuse and addiction and the
development of appropriate strategies for disseminating
information about and implementing treatment services.
``(B) Annual report.--The Director shall submit to the
Committee on Health, Education, Labor, and Pensions and
Committee on Appropriations of the Senate and the Committee
on Commerce and Committee on Appropriations of the House or
Representatives, an annual report with the results of the
analyses and evaluation conducted under subparagraph (A).
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1), $20,000,000
for fiscal year 2000, and such sums as may be necessary for
each succeeding fiscal year.''.
SEC. 5. EXPANDING METHAMPHETAMINE RESEARCH.
Section 464N of the Public Health Service Act (42 U.S.C.
285o-2) is amended by adding at the end the following:
``(c) Methamphetamine Research.--
``(1) Grants.--The Director of the Institute may make
grants to expand interdisciplinary research relating to
methamphetamine abuse and addiction and other biomedical,
behavioral and social issues related to methamphetamine abuse
and addiction.
``(2) Use of funds.--Amounts made available under a grant
under paragraph (1) may be used to conduct interdisciplinary
research and clinical trials with treatment centers on
methamphetamine abuse and addiction, including research on--
``(A) the effects of methamphetamine abuse on the human
body;
``(B) the addictive nature of methamphetamine and how such
effects differ with respect to different individuals;
``(C) the connection between methamphetamine abuse and
mental illness;
``(D) the identification and evaluation of the most
effective methods of prevention of methamphetamine abuse and
addiction;
``(E) the identification and development of the most
effective methods of treatment of methamphetamine addiction,
including pharmacological treatments;
``(F) risk factors for methamphetamine abuse;
``(G) effects of methamphetamine abuse and addiction on
pregnant women and their fetuses;
``(H) cultural, social, behavioral, neurological and
psychological reasons that individuals abuse methamphetamine,
or refrain from abusing methamphetamine.
``(3) Research results.--The Director shall promptly
disseminate research results under this subsection to
Federal, State and local entities involved in combating
methamphetamine abuse and addiction.
``(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1), such sums as
may be necessary for each fiscal year.''.
SEC. 6. DRUG COURTS.
(a) In General.--Title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended
by inserting after part U the following:
``PART V--DRUG COURTS
``SEC. 2201. GRANT AUTHORITY.
``The Attorney General may make grants to States, State
courts, local courts, units of local government, and Indian
tribal governments, acting directly or through agreements
with other public or private entities, for programs that
involve--
``(1) continuing judicial supervision over offenders with
substance abuse problems who are not violent offenders; and
``(2) the integrated administration of other sanctions and
services, which shall include--
``(A) mandatory periodic testing for the use of controlled
substances or other addictive substances during any period of
supervised release or probation for each participant;
``(B) referral to a community-based treatment facility;
``(C) diversion, probation, or other supervised release
involving the possibility of prosecution, confinement, or
incarceration based on noncompliance with program
requirements or failure to show satisfactory progress; and
``(D) programmatic, offender management, and aftercare
services such as relapse prevention, health care, education,
vocational training, job placement, housing placement, and
child care or other family support services for each
participant who requires such services.
``SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT
OFFENDERS.
``The Attorney General shall--
``(1) issue regulations and guidelines to ensure that the
programs authorized in this part do not permit participation
by violent offenders; and
``(2) immediately suspend funding for any grant under this
part, pending compliance, if the Attorney General finds that
violent offenders are participating in any program funded
under this part.
``SEC. 2203. DEFINITION.
``In this part, the term `violent offender' means a person
who--
``(1) is charged with or convicted of an offense, during
the course of which offense--
``(A) the person carried, possessed, or used a firearm or
dangerous weapon;
``(B) there occurred the death of or serious bodily injury
to any person; or
``(C) there occurred the use of force against the person of
another,
without regard to whether any of the circumstances described
in subparagraph (A), (B), or (C) is an element of the offense
of which or for which the person is charged or convicted; or
``(2) has 1 or more prior convictions for a felony crime of
violence involving the use or attempted use of force against
a person with the intent to cause death or serious bodily
harm.
``SEC. 2204. ADMINISTRATION.
``(a) Consultation.--The Attorney General shall consult
with the Secretary of Health and Human Services and any other
appropriate officials in carrying out this part.
``(b) Use of Components.--The Attorney General may utilize
any component or components of the Department of Justice in
carrying out this part.
``(c) Regulatory Authority.--The Attorney General may issue
regulations and guidelines necessary to carry out this part.
``(d) Applications.--In addition to any other requirements
that may be specified by the Attorney General, an application
for a grant under this part shall--
``(1) include a long-term strategy and detailed
implementation plan;
``(2) explain the inability of the applicant to fund the
program adequately without Federal assistance;
``(3) certify that the Federal support provided will be
used to supplement, and not supplant, State, Indian tribal,
and local sources of funding that would otherwise be
available;
``(4) identify related governmental or community
initiatives which complement or will be coordinated with the
proposal;
``(5) certify that there has been appropriate consultation
with all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation
of the program;
``(6) certify that participating offenders will be
supervised by 1 or more designated judges with responsibility
for the drug court program;
``(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of
Federal support; and
``(8) describe the methodology that will be used in
evaluating the program.
``SEC. 2205. APPLICATIONS.
``In order to request a grant under this part, the chief
executive or the chief justice of a State or the chief
executive or chief judge of a unit of local government or
Indian tribal government shall submit an application to the
Attorney General in such form and containing such information
as the Attorney General may reasonably require.
``SEC. 2206. FEDERAL SHARE.
``(a) In General.--The Federal share of a grant under this
part may not exceed 75 percent of the total costs of the
program described in the application submitted under section
2205 for the fiscal year for which the
[[Page S2416]]
program receives assistance under this part, unless the
Attorney General waives, wholly or in part, the requirement
of a matching contribution under this section.
``(b) In-Kind Contributions.--In-kind contributions may be
used to constitute the non-Federal share of a grant under
this part.
``SEC. 2207. GEOGRAPHIC DISTRIBUTION.
``Subject to subsection (b), the Attorney General shall
ensure that, to the extent practicable, an equitable
geographic distribution of grant awards is made under this
part.
``SEC. 2208. REPORT.
``A State, Indian tribal government, or unit of local
government that receives a grant under this part during a
fiscal year shall submit to the Attorney General a report in
March of the following fiscal year regarding the use of funds
under this part.
``SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
``(a) Technical Assistance and Training.--The Attorney
General may provide technical assistance and training in
furtherance of the purposes of this part.
``(b) Evaluations.--In addition to any evaluation
requirements that may be prescribed for grantees, the
Attorney General may carry out or make arrangements for
evaluations of programs that receive support under this part.
``(c) Administration.--The technical assistance, training,
and evaluations authorized by this section may be carried out
directly by the Attorney General, in collaboration with the
Secretary of Health and Human Services, or through grants,
contracts, or other cooperative arrangements with other
entities.''.
(b) Authorization of Appropriations.--Section 1001(a) of
title I of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3793(a)) is amended by inserting after
paragraph (19) the following:
``(20) There are authorized to be appropriated to carry out
part V, such sums as may be necessary for each of the fiscal
years 2000 through 2004, of which not less than $10,000,000
shall be set aside for each fiscal year for assistance to
communities with disproportionately high or increasing rates
of methamphetamine abuse and addiction.''.
SEC. 7. NATIONAL CONFERENCE ON METHAMPHETAMINE ABUSE AND
TREATMENT.
(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Health and Human
Services shall convene a National Conference on
Methamphetamine Abuse and Treatment to gather, discuss and
disseminate information concerning--
(1) the history of the methamphetamine epidemic in the
United States;
(2) the progress that has been made by Federal, State and
local law enforcement, prevention and treatment authorities
in combatting such epidemic; and
(3) future strategies to--
(A) reduce methamphetamine abuse and addiction in regions
of the United States where methamphetamine is an emerging or
exiting problem; and
(B) block efforts to introduce methamphetamine into other
regions of the United States.
(b) Participants.--The Secretary of Health and Human
Services shall ensure that the participants in the conference
under subsection (a) include--
(1) the Secretary;
(2) the Attorney General;
(3) the Director of the Office of National Drug Control
Policy;
(4) various elected officials;
(5) Federal, State and local law enforcement, education,
drug treatment and operation providers or organizations that
represent such providers, and health research officials; and
(6) other individuals determined appropriate by the
Secretary.
SEC. 8. COMPREHENSIVE METHAMPHETAMINE REDUCTION STRATEGIC
PLAN.
Not later than 1 year after the date of enactment of this
Act, the Attorney General, jointly with the Secretary of
Education and the Director of the Office of National Drug
Control Policy and the Secretary of Health and Human
Services, shall develop a comprehensive strategic plan to
combat the methamphetamine problem in the United States. Such
plan shall include activities with respect to prevention, law
enforcement, education, treatment, and health research
targeted at methamphetamine use, abuse and addiction in the
21st century.
______
By Mr. LEVIN (for himself and Mr. Abraham):
S. 563. A bill to repeal a waiver that permitted the issuance of a
certificate of documentation with endorsement for employment in the
coastwise trade of the vessel Columbus, and for other purposes; to the
Committee on Commerce, Science, and Transportation.
JONES ACT WAIVER FOR THE VESSEL ``COLUMBUS''
Mr. LEVIN. Mr. President, I introduce today legislation to repeal the
Jones Act waiver contained in last year's Coast Guard Authorization
bill for the vessel Columbus.
Mr. President, I had serious objections to a provision in last year's
Coast Guard Authorization bill that was inserted in the House bill in a
managers' amendment with no hearings or vote in the Senate. This
provision granted a waiver of existing law for a single vessel
operating on the Great Lakes and elsewhere against the wishes of both
Michigan Senators and other Senators and in circumvention of a Customs
Service ruling regarding the type of dredge work this vessel is allowed
to perform.
This waiver is a discriminatory provision which gives special
treatment and a competitive advantage to one vessel at the expense of
its competitors and it should be repealed.
Mr. President, the granting of this waiver is detrimental to other
dredgers on the Great Lakes and elsewhere who are abiding by U.S. law
and U.S. Customs Service interpretations of the Jones Act. The hopper
dredge vessel Columbus, the vessel seeking the waiver, was challenged
by a competitor for violating the Jones Act because it was performing
dredging work that was not allowed under that Act. That challenge was
upheld by the U.S. Customs Service. However, instead of abiding by or
appealing the Customs Service ruling, a legislative waiver was sought
to circumvent that ruling. The waiver was granted by the House, but not
the Senate because the Senate passed Coast Guard authorization bill did
not contain this discriminatory provision.
The only reason this waiver was included in the final Coast Guard
authorization bill was due to the circumstances under which that bill
was considered. Under normal circumstances, I believe the Senate would
have removed this controversial provision from the final bill.
At the time of the Senate vote on the Coast Guard Authorization
Conference Report, I engaged in a colloquy with my colleagues Senators
Snowe and McCain. In that colloquy, they agreed to work with me to
repeal this waiver as early as possible in 1999. The legislation I am
introducing today with my colleague from Michigan, Senator Abraham,
will do exactly that.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in
Record, as follows:
S. 563
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REPEAL OF WAIVER.
(a) In General.--Section 403 of the Coast Guard
Authorization Act of 1997 (Public Law 105-383) is amended by
striking subsection (e).
(b) Action by the Secretary of Transportation.--If, before
the date of enactment of this Act, the Secretary of
Transportation issued a certificate of documentation with
endorsement for employment in the coastwise trade for the
vessel COLUMBUS (United States official number 590658) under
section 403(e) of the Coast Guard Authorization Act of 1997
(Public Law 105-383)--
(1) that certificate shall be null and void; and
(2) the Secretary shall issue a revised certificate of
documentation for that vessel that is consistent with the
limitations on the operation of that vessel that applied to
that vessel on the day before the date of enactment of the
Coast Guard Authorization Act of 1997 (Public Law 105-383).
______
By Mr. COVERDELL (for himself, Mrs. Feinstein, Mr. DeWine. Mr.
Torricelli, and Mr. Lott):
S. 565. A bill to provide for the treatment of the actions of certain
foreign narcotics traffickers as an unusual and extraordinary threat to
the United States for purposes of the International Emergency Economic
Powers Act; to the Committee on Banking, Housing, and Urban Affairs.
treatment of the actions of certain foreign narcotics traffickers as an
unusual and extraordinary threat to the United States
Mr. COVERDELL. Mr. President, I am pleased to join my colleague from
California, Senator Feinstein, in introducing a bill that targets one
of America's most dangerous and real national security threats--the
international drug cartels. I am also pleased that Senator DeWine,
Senator Lott, and Senator Torricelli have agreed to cosponsor this
important legislation. These drug cartels, through their involvement in
illegal drug trafficking, money laundering, arms trafficking and the
violence related to these activities, pose a threat to the political
and economic stability of countries in this hemisphere. More
importantly they threaten the citizens of this country by preying on
our children.
[[Page S2417]]
That is why it is so important that we introduce this bill today--to
combat the drug cartels and move one step forward in the war on drugs.
This bill codifies and expand a 1995 Executive Order created under the
International Emergency Economic Powers Act (IEEPA), which targeted
Colombia drug traffickers. The bill will expand the existing Executive
Order to include other foreign drug traffickers considered a threat to
our national security. The bill freezes the assets of identified drug
traffickers, their associates, and their related businesses. It also
prohibits these individuals and organizations from conducting any
financial or commercial dealings with the United States.
Our goal is to isolate the leaders of the drug cartels and prevent
them from doing business with the United States. By stopping the drug
kingpins's ability to benefit from the U.S. market and from practices
that enable them to sell drugs to our nation's children, we are taking
an important step to eliminate the scourge of illegal drugs.
______
By Mr. LUGAR:
S. 566. A bill to amend the Agricultural Trade Act of 1978 to exempt
agricultural commodities, livestock, and value-added products from
unilateral economic sanctions, to prepare for future bilateral and
multilateral trade negotiations affecting United States agriculture,
and for other purposes; to the Committee on Agriculture, Nutrition, and
Forestry.
the agricultural trade freedom act
Mr. LUGAR. Mr. President, today I rise to introduce legislation to
open foreign markets, eliminate unfair trade barriers and secure for
farmers the ability to export their products abroad. By enacting the
1996 FAIR Act, commonly known as Freedom to Farm, we gave farmers to
freedom to make planting decisions for themselves, free from government
controls. However, Freedom to Farm is a compact. Freedom to Farm means
freedom to export, and in exchange for phasing out subsidies, Congress
committed to secure free, fair and open markets for our farmer's
exports. This legislation will improve opportunities to export at a
time when such opportunities are more important than ever for U.S.
agriculture.
No sector of the economy is more reliant on international trade than
agriculture. Approximately three out of ten acres of domestic
agriculture production are sold in markets outside of the U.S. and
agricultural exports make a positive impact on our international
balance of payments. Despite this success, a great deal of untapped
export potential still exists. Farmers are reliant on the ability to
export and this legislation will enhance that ability. Barriers need to
be removed--barriers we impose on ourselves and barriers imposed by
others.
This legislation addresses several items but none is more important
than sanctions. This legislation exempts commercial agricultural
exports from unilateral economic sanctions. We impose export barriers
on ourselves when we unilaterally sanction foreign countries. Such
sanctions do not preclude the targeted country from looking elsewhere
for agricultural commodities. U.S. competitors quickly fill the void
left when the U.S. denies itself market access. Sales are lost and our
status as a reliable business partner suffers. We often do more harm to
ourselves than we do to the target country. Unilateral sanctions have
cost billions of dollars in U.S. income and have cost thousands of U.S.
jobs. We must end the practice of closing foreign markets for our own
exports at a time when such exports are more vital than ever for
agriculture in this country.
Apart from sanctions, a number of barriers are imposed on U.S. farm
exports by other countries. The World Trade Organization will hold an
important round of agricultural negotiations later this year in
Seattle. These negotiations offer an important opportunity to address
tariff and non-tariff barriers to U.S. agricultural exports. We must
take advantage of this opportunity to open foreign markets and
eliminate unfair export barriers. This legislation provides important
guidelines for these and other negotiations.
Mr. President, U.S. agriculture is the best in the world. This
legislation will allow our farmers to take better advantage of their
position by opening up foreign markets and eliminating barriers to
agricultural exports. This is the most important thing we as Congress
can do for our farmers. I ask unanimous consent that the legislation be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 566
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 ``Agricultural Trade Freedom
Act''.
SEC. 2. DEFINITIONS.
In this Act, the terms ``agricultural commodity'' and
``United States agricultural commodity'' have the meanings
given the terms in section 102 of the Agricultural Trade Act
of 1978 (7 U.S.C. 5602).
SEC. 3. AGRICULTURAL COMMODITIES, LIVESTOCK, AND PRODUCTS
EXEMPT FROM SANCTIONS.
Title IV of the Agricultural Trade Act of 1978 (7 U.S.C.
5661 et seq.) is amended by adding at the end the following:
``SEC. 418. AGRICULTURAL COMMODITIES, LIVESTOCK, AND PRODUCTS
EXEMPT FROM SANCTIONS.
``(a) Definitions.--In this section:
``(1) Current sanction.--The term `current sanction' means
a unilateral economic sanction that is in effect on the date
of enactment of the Agricultural Trade Freedom Act.
``(2) New sanction.--The term `new sanction' means a
unilateral economic sanction that becomes effective after the
date of enactment of that Act.
``(3) Unilateral economic sanction.--The term `unilateral
economic sanction' means any prohibition, restriction, or
condition on economic activity, including economic
assistance, with respect to a foreign country or foreign
entity that is imposed by the United States for reasons of
foreign policy or national security, except in a case in
which the United States imposes the measure pursuant to a
multilateral regime and the other members of that regime have
agreed to impose substantially equivalent measures.
``(b) Exemption.--
``(1) In general.--Subject to paragraphs (2) and (3) and
notwithstanding any other provision of law, agricultural
commodities made available as a result of commercial sales
shall be exempt from a unilateral economic sanction imposed
by the United States on another country.
``(2) Exclusions.--Paragraph (1) shall not apply to
agricultural commodities made available as a result of
programs carried out under--
``(A) the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1691 et seq.);
``(B) section 416 of the Agricultural Act of 1949 (7 U.S.C.
1431);
``(C) the Food for Progress Act of 1985 (7 U.S.C. 1736o);
or
``(D) the Agricultural Trade Act of 1978 (7 U.S.C. 5601 et
seq.).
``(3) Determination by president.--If the President
determines that the exemption provided under paragraph (1)
should not apply to a unilateral economic sanction for
reasons of foreign policy or national security, the President
may include the agricultural commodities made available as a
result of the activities described in paragraph (1) in the
unilateral economic sanction.
``(c) Current Sanctions.--
``(1) In general.--Subject to paragraph (2), the exemption
under subsection (b)(1) shall apply to a current sanction.
``(2) Presidential review.--Not later than 90 days after
the date of enactment of the Agricultural Trade Freedom Act,
the President shall review each current sanction to determine
whether the exemption under subsection (b)(1) should apply to
the current sanction.
``(3) Application.--The exemption under subsection (b)(1)
shall apply to a current sanction beginning on the date that
is 180 days after the date of enactment of the Agricultural
Trade Freedom Act unless the President determines that the
exemption should not apply to the current sanction for
reasons of foreign policy or national security.
``(d) Report.--
``(1) In general.--If the President determines that the
exemption under subsection (b)(2) or (c)(2) should not apply
to a unilateral economic sanction, the President shall submit
a report to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate--
``(A) in the case of a current sanction, not later than 15
days after the date of the determination under subsection
(c)(2); and
``(B) in the case of a new sanction, on the date of the
imposition of the new sanction.
``(2) Contents of report.--The report shall contain--
``(A) an explanation of the foreign policy or national
security reasons for which the exemption should not apply to
the unilateral economic sanction; and
``(B) an assessment by the Secretary--
``(i) regarding export sales--
``(I) in the case of a current sanction, whether markets in
the sanctioned country or countries present a substantial
trade opportunity for export sales of a United States
agricultural commodity; or
[[Page S2418]]
``(II) in the case of a new sanction, the extent to which
any country or countries to be sanctioned or likely to be
sanctioned are markets that accounted for, during the
preceding calendar year, more than 3 percent of export sales
of a United States agricultural commodity;
``(ii) regarding the effect on United States agricultural
commodities--
``(I) in the case of a current sanction, the potential for
export sales of United States agricultural commodities in the
sanctioned country or countries; and
``(II) in the case of a new sanction, the likelihood that
exports of United States agricultural commodities will be
affected by the new sanction or by retaliation by any country
to be sanctioned or likely to be sanctioned, including a
description of specific United States agricultural
commodities that are most likely to be affected;
``(iii) regarding the income of agricultural producers--
``(I) in the case of a current sanction, the potential for
increasing the income of producers of the United States
agricultural commodities involved; and
``(II) in the case of a new sanction, the likely effect on
incomes of producers of the agricultural commodities
involved;
``(iv) regarding displacement of United States suppliers--
``(I) in the case of a current sanction, the potential for
increased competition for United States suppliers of the
agricultural commodity in countries that are not subject to
the current sanction; and
``(II) in the case of a new sanction, the extent to which
the new sanction would permit foreign suppliers to replace
United States suppliers; and
``(v) regarding the reputation of United States
agricultural producers as reliable suppliers--
``(I) in the case of a current sanction, whether removing
the sanction would increase the reputation of United States
producers as reliable suppliers of agricultural commodities
in general, and of specific agricultural commodities
identified by the Secretary; and
``(II) in the case of a new sanction, the likely effect of
the proposed sanction on the reputation of United States
producers as reliable suppliers of agricultural commodities
in general, and of specific agricultural commodities
identified by the Secretary.''.
SEC. 4. OBJECTIVES FOR AGRICULTURAL NEGOTIATIONS.
It is the sense of Congress that the principal agricultural
trade negotiating objectives of the United States for future
multilateral and bilateral trade negotiations (including
negotiations involving the World Trade Organization) should
be to achieve, on an expedited basis and to the maximum
extent practicable, more open and fair conditions for trade
in agricultural commodities by--
(1) developing, strengthening, and clarifying rules for
trade in agricultural commodities, including eliminating or
reducing restrictive or trade-distorting import and export
practices, including--
(A) enhancing the operation and effectiveness of the
relevant provisions of the Uruguay Round Agreements designed
to define, deter, and discourage the persistent use of unfair
trade practices; and
(B) enforcing and strengthening rules of the World Trade
Organization regarding--
(i) trade-distorting practices of state trading enterprises
and similar public and private trading enterprises; and
(ii) the acts, practices, or policies of a foreign
government that unreasonably--
(I) require that substantial direct investment in the
foreign country be made as a condition for carrying on
business in the foreign country;
(II) require that intellectual property be licensed to the
foreign country or to any firm of the foreign country; or
(III) delay or preclude implementation of a report of a
dispute panel of the World Trade Organization;
(2) increasing the export of United States agricultural
commodities by eliminating barriers to trade (including
transparent and nontransparent barriers);
(3) eliminating other specific constraints to fair trade
(such as export subsidies, quotas, and other nontariff import
barriers and more open market access) in foreign markets for
United States agricultural commodities;
(4) developing, strengthening, and clarifying rules that
address practices that unfairly limit United States market
access opportunities or distort markets for United States
agricultural commodities to the detriment of the United
States, including--
(A) unfair or trade-distorting activities of state trading
enterprises, and similar public and private trading
enterprises, that result in inadequate price transparency;
(B) unjustified restrictions or commercial requirements
affecting new technologies, including biotechnology;
(C) unjustified sanitary or phytosanitary restrictions; and
(D) restrictive rules in the establishment and
administration of tariff-rate quotas;
(5) ensuring that there are reliable suppliers of
agricultural commodities in international commerce by
encouraging countries to treat foreign buyers no less
favorably than domestic buyers of the commodity or product
involved; and
(6) eliminating nontariff trade barriers for meeting the
food needs of an increasing world population through the use
of biotechnology by--
(A) ensuring market access to United States agricultural
commodities derived from biotechnology that is scientifically
defensible;
(B) opposing the establishment of protectionist trade
measures disguised as health standards; and
(C) protesting continual delays by other countries in their
approval processes.
SEC. 5. SALE OR BARTER OF FOOD ASSISTANCE.
It is the sense of Congress that the amendments to section
203 of the Agricultural Trade Development and Assistance Act
of 1954 (7 U.S.C. 1723) made by section 208 of the Federal
Agriculture Improvement and Reform Act of 1996 (Public Law
104-127; 110 Stat. 954) were intended to allow the sale or
barter of United States agricultural commodities in
connection with United States food assistance only within the
recipient country or countries adjacent to the recipient
country, unless--
(1) the sale or barter within the recipient country or
adjacent countries is not practicable; and
(2) the sale or barter within countries other than the
recipient country or adjacent countries will not disrupt
commercial markets for the agricultural commodity involved.
SEC. 6. SENSE OF CONGRESS REGARDING RELIEF FROM UNFAIR TRADE
PRACTICES AFFECTING UNITED STATES AGRICULTURAL
COMMODITIES.
(a) Findings.--Congress finds that--
(1) often dispute settlement proceedings to resolve unfair
trade practices of foreign countries that restrict market
access of United States agricultural commodities are
inadequate, time consuming, and cumbersome; and
(2) practices that unfairly limit market access
opportunities for United States agricultural commodities
through export subsidies and import barriers include--
(A) unfair or trade-distorting activities of state trading
enterprises, and similar public and private trading
enterprises, that result in inadequate price transparency;
(B) unjustified restrictions or commercial requirements
affecting new technologies, including biotechnology, that are
not scientifically defensible;
(C) unjustified sanitary or phytosanitary restrictions;
(D) restrictive rules for the establishment and
administration of tariff-rate quotas;
(E) requirements that substantial direct investment in the
foreign country be made as a condition for carrying on
business in the foreign country; and
(F) requirements that intellectual property be licensed to
the foreign country or to any firm of the foreign country.
(b) Sense of Congress.--It is the sense of Congress that
the Secretary of Agriculture should aggressively use the
authorities granted to the Secretary under section 302 of the
Agricultural Trade Act of 1978 (7 U.S.C. 5652), which
provides the Secretary with the authority to use programs of
the Department of Agriculture for the agricultural commodity
involved when there is undue delay in a dispute resolution
proceeding of an international trade agreement (such as an
agreement administered by the World Trade Organization).
SEC. 7. MICRONUTRIENT FORTIFICATION PILOT PROGRAM.
Section 415 of the Agricultural Trade Development and
Assistance Act of 1954 (7 U.S.C. 1736g-2) is repealed.
SEC. 8. TECHNICAL CORRECTIONS.
(a) Administrative Provisions.--Section 216 of the Federal
Agriculture Improvement and Reform Act of 1996 (Public Law
104-127; 110 Stat. 957) is amended--
(1) in paragraph (2), by striking ``subsection (c)'' and
inserting ``subsection (b)'';
(2) in paragraph (3), by striking ``subsection (d)'' and
inserting ``subsection (c)'';
(3) in paragraph (4), by striking ``subsection (g)(2)'' and
inserting ``subsection (f)(2)''; and
(4) in paragraph (5), by striking ``subsection (h)'' and
inserting ``subsection (g)''.
(b) Emerging Markets.--Section 1542(d)(1)(A)(i) of the
Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101-624; 7 U.S.C. 5622 note) is amended by
striking ``such democracies'' and inserting ``the markets''.
(c) Trade Compensation and Assistance Programs.--Section
417(a) of the Agricultural Trade Act of 1978 (7 U.S.C.
5677(a)) is amended by inserting ``of an agricultural
commodity'' after ``causes exports''.
(d) Effective Date.--The amendments made by this section
take effect on April 4, 1996.
____________________