[Congressional Record Volume 152, Number 135 (Friday, December 8, 2006)]
[Senate]
[Pages S11742-S11743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCain (for himself, Mr. Bingaman, Mr. Smith, Mr. Baucus, 
        Mr. Feingold, Mr. Johnson, Mr. Salazar, Mr. Wyden, Mrs. Boxer, 
        Mr. Grassley, Mr. Reid, Mrs. Feinstein, and Mr. Dorgan):
  S. 4113. A bill to amend the Omnibus Crime Control and Safe Streets 
Act of

[[Page S11743]]

1968 to clarify that territories and Indian tribes are eligible to 
receive grants for confronting the use of methamphetamine; considered 
and passed.
  Mr. McCAIN. Mr. President, I am joined today by Senators Bingaman, 
Grassley, Smith, Baucus, Feingold, Johnson, Salazar, Wyden, Boxer, 
Reid, Feinstein, and Cantwell in introducing and passing a bill to 
amend the Omnibus Control and Safe Streets Act of 1968 to clarify that 
Indian tribes and U.S. territories are eligible to receive grants for 
confronting the use of methamphetamine.
  The amendments that this bill makes to section 2996(a) of the Omnibus 
Crime Control and Safe Streets Act of 1968 would make U.S. territories 
and Indian tribes eligible to receive grants from the Department of 
Justice to address the scourge of methamphetamine use, sale, and 
manufacture. The terrible business of methamphetamine use, 
distribution, and manufacture has impacted communities all over the 
country, in urban and nonurban areas alike, and our territories and 
Indian reservations have not been spared. This bill will make much 
needed resources available to territorial and tribal governments to 
help bring the methamphetamine epidemic under control. However, I 
understand there are some questions about the intent of this bill in 
respect to a provision in this bill.
  Mr. BINGAMAN. Mr. President, I rise for the purpose of engaging 
Senator McCain in a colloquy over a certain provision, to be sure that 
its purpose is clear. In section 1(a)( 4) of the bill, there is a 
provision which states, ``Nothing in this subsection, or in the award 
or denial of any grant pursuant to this subsection--(A) allows grants 
authorized under paragraph 3(A) to be made to, or used by, an entity 
for law enforcement activities that the entity lacks jurisdiction to 
perform; or (B) has any effect other than to authorize, award, or deny 
a grant of funds to a state, territory, or Indian tribe for the 
purposes described in this subsection.''
  It is my understanding that the intent behind the amendment made by 
section 1(a)(4) of the bill is simply to make it clear that by 
authorizing the Department of Justice's Bureau of Justice Assistance to 
award grant funds to a State, territory, or Indian tribe to 
``investigate, arrest and prosecute individuals'' involved in illegal 
methamphetamine activities, section 2996(a) does not somehow authorize 
a State, territory, or Indian tribe to pursue law enforcement 
activities that it otherwise has no jurisdiction to pursue. And 
similarly, this provision also clarifies that an award or denial of a 
grant by the Bureau of Justice Assistance does not somehow allow a 
State, territory, or Indian tribe to pursue law enforcement activities 
that it otherwise lacks jurisdiction to pursue. For example, a law 
enforcement agency in one State, territory, or Indian reservation is 
not somehow enabled by this section, or by an award made pursuant to 
this section, to prosecute a methamphetamine crime arising in some 
other jurisdiction unless that agency already has the jurisdiction to 
do that.
  I would like to ask Senator McCain if my understanding of this 
provision is correct.
  Mr. McCAIN. The Senator from New Mexico is correct in his 
understanding of this provision.
  Mr. BINGAMAN. It is also my understanding that the language, 
``Nothing in this subsection, or in the award or denial of any grant 
pursuant to this subsection. . . (B) has any effect other than to 
authorize, award, or deny a grant of funds to a state, territory, or 
Indian tribe for the purposes described in this subsection'' is 
intended to make it clear that the provisions of section 2996(a) and 
grant awards or denials pursuant to section 2996(a) have no effect 
beyond simply authorizing, awarding, or denying a grant of funds to a 
State, territory, or Indian tribe for the purposes described in section 
2996(a). So, for example, if a State, territory, or Indian tribe is 
awarded or denied a grant of funds under this section, that award or 
denial has no relevance to or effect on the eligibility of the State, 
territory, or Indian tribe to participate in any other program or 
activity unrelated to the award or denial of grants under section 
2996(a). The award or denial of a grant under this subsection, in other 
words, is relevant only to the award or denial of the grant under this 
subsection and nothing else.
  I would like to ask Senator McCain whether my understanding of this 
provision of the bill is correct in this particular regard as well.
  Mr. McCAIN. The Senator from New Mexico is correct in his 
understanding of this provision as well.
  Mr. President, I urge my colleagues to support this critically needed 
legislation.
  Mr. McCAIN. Mr. President, I am joined today by Senators Bingaman, 
Grassley, Smith, Baucus, Feingold, Johnson, Salazar, Wyden, Boxer, 
Reid, Feinstein, and Cantwell in introducing this bill to amend the 
Omnibus Control and Safe Streets Act of 1968 to clarify that Indian 
tribes and U.S. territories are eligible to receive grants for 
confronting the use of methamphetamine.
  The amendments that this bill makes to section 2996(a) of the Omnibus 
Crime Control and Safe Streets Act of 1968 would make U.S. territories 
and Indian tribes eligible to receive grants from the Department of 
Justice to address the scourge of methamphetamine use, sale, and 
manufacture. The terrible business of methamphetamine use, 
distribution, and manufacture has impacted communities all over the 
country, in urban and nonurban areas alike, and our territories and 
Indian reservations have not been spared. This bill will make much-
needed resources available to territorial and tribal governments to 
help bring the methamphetamine epidemic under control.
  Mr. President, the impacts of methamphetamine use on communities 
across the Nation are well known and cannot be underestimated. We have 
worked hard with Senator Bingaman and his staff to craft legislation 
that makes these critical resources for fighting methamphetamine use, 
distribution, and manufacture available to sectors on which this drug 
is having a devastating impact. I would also like to thank Senator 
Sessions for the long hours he and his staff have devoted to working 
with my staff and other offices interested in this bill to make this a 
good bill that this body can and should support.
  I urge my colleagues to support passage of this critically needed 
legislation.
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